No. 20-6516

Eric Dynell McGadney v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines
Latest Conference: 2021-01-15
Question Presented (from Petition)

Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalculated Guidelines range did not affect the court's ultimate sentencing decision.

Question Presented (AI Summary)

Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalculated Guidelines range did not affect the court's ultimate sentencing decision

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-18
Waiver of right of respondent United States to respond filed.
2020-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Eric Dynell McGadney
Christopher Steven BurkhalterKirkland & Ellis, LLP, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent