No. 20-5976

Dean Reynolds v. United States

Lower Court: Sixth Circuit
Docketed: 2020-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-sentencing obstruction-of-justice procedural-unreasonableness profit-calculation remand resentencing sentencing-disparities sentencing-guidelines sentencing-procedure
Latest Conference: 2020-11-13
Question Presented (from Petition)

IS DEFENDANT'S SENTENCE PROCEDURALLY
UNREASONABLE BECAUSE THE DISTRICTCOURT INCORRECTLY SCORED THESENTENCING GUIDELINES, ERRONEOUSLYCALCULATING THE PROFIT TO BE OBTAINEDUNDER A CONTRACT THE GOVERNMENTALENTITY HAD THE OPTION OF OPTING OUT OF,AND IMPROPERLY ENHANCING THESENTENCING GUIDELINES FOR OBSTRUCTIONOF JUSTICE BASED ON UNRELIABLE ANDINSUFFICIENT TESTIMONY, AND SHOULD THEMATTER BE REMANDED TO THE DISTRICTCOURT FOR RESENTENCING ?

IS DEFENDANT'S SENTENCE PROCEDURALLY
UNREASONABLE BECAUSE THE DISTRICTCOURT DID NOT PROPERLY CONSIDER THENEED TO AVOID UNWARRANTED SENTENCEDISPARITIES AMONG DEFENDANTS WITHSIMILAR RECORDS WHO HAVE BEEN FOUNDGUILTY OF SIMILAR CONDUCT, RESULTING INA SENTENCE THAT IS SUBSTANTIVELYUNREASONABLE FOR BEING EXCESSIVE ANDGREATER THAN NECESSARY TO EFFECTUATETHE PURPOSES SET FORTH IN THESENTENCING STATUTE, 18 U.S.C. § 3553, ANDSHOULD THE MATTER BE REMANDED TO THEDISTRICT COURT FOR RESENTENCING ?

IS DEFENDANT'S SENTENCE SO
DISPROPORTIONATELY SEVERE COMPARED TOTHE SENTENCES IMPOSED ON THE CO-DEFENDANTS IN THIS CASE AS TO GIVE RISE TOA PRESUMPTION OF VINDICTIVENESS FORDEFENDANT EXERCISING HISCONSTITUTIONAL RIGHTS NOT TO BECOMPELLED TO BE A WITNESS AGAINSTHIMSELF AND TO PROCEED TO TRIAL BY JURY,AND SHOULD THIS MATTER BE REMANDED FORRESENTENCING BEFORE A DIFFERENT JUDGE?

Question Presented (AI Summary)

Is defendant's sentence procedurally unreasonable due to errors in sentencing guidelines calculation and enhancement?

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-20
Waiver of right of respondent United States of America to respond filed.
2020-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Dean Reynolds
Richard D. KornAttorney at Law, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent