No. 20-6666

Sebastian L. Eccleston v. United States

Lower Court: Tenth Circuit
Docketed: 2020-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bureau-of-prisons concurrent-sentences consecutive-sentences criminal-justice due-process federal-prisoner federal-sentencing sentencing-statutes state-judiciary
Key Terms:
DueProcess
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Whether federal sentencing statutes and the Constitution require the Bureau of Prisons to execute the sentence of a federal prisoner to effectuate the subsequent judgement of the state judiciary for concurrent sentences when the federal judgement is silent on concurrency?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED In Setser v. United States, this Court construed the third sentence of 18 USC §3584(a) to be inapplicable in cases where a federal sentence is imposed on a defendant who is not yet serving any other undischarged term of imprisonment. 132 S.Ct. 1463, 1470 (2012). Nevertheless, when a federal ~ ; judgement is silent on whether a sentence is to run concurrently with or consecutive to a yet-to-be-imposed state sentence, the Bureau of Prisons uniformly interprets the third sentence of 18 USC §3584(a) to require the federal sentence to run consecutively to the state sentence, even when the state judgement in the subsequent case orders the sentences to run concurrently. This case presents the following question of exceptional importance to the criminal justice system: 7 Whether federal sentencing statutes and the Constitution require the Bureau of Prisons to execute the sentence of a federal prisoner to effectuate the subsequent judgement of the state judiciary for concurrent sentences when the federal judgement is silent on concurrency? . . i

Docket Entries

2021-01-25
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2021)

Attorneys

Sebastian L. Eccleston
Sebastian L. Eccleston — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent