No. 20-5753

Kunta Kenta Redd v. United States

Lower Court: Fourth Circuit
Docketed: 2020-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crack-cocaine-sentencing due-process first-step-act retroactive-sentencing sentencing-guidelines sixth-amendment statutory-retroactivity
Key Terms:
DueProcess
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether the petitioner is entitled to relief from denial of a 404 motion at the district court level in light of the First Step Act

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether we, the Petitioner, is entitled to Relief from denial 404 motion at the District Court level in light of the First Step Act, December 21st, 2018. Section 404 "state™ any person who was sentenced before August 3rd, 2010, is now entitied to a reduced sentence due to the crack. cocaine calculation sshovid be adjusted from 100/1 to 18/1. Due te the nature of congress provisions of due process constitutionally retroactive scheduled. Due to my presentence invesitgation report shows that ny case qualified for stature modification under the disaprity cf crack cocaine. Under Congress* guidelines policy 18 U.S.C. § 2553-A 28 0.S.C. § S94(£) and § 991(b)(i), the maximum of the guideline range cannot exceed the minimum by more : than 25 percent ox six wonths correctly applied under 28 U.S.C. § 994(b}(2), alse violating the Sixth Amendment. : . ; ;

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-28
Waiver of right of respondent United States to respond filed.
2020-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2020)

Attorneys

Kunta Kenta Redd
Kunta Kenta Redd — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent