No. 20-6953

Dwyne Byron Deruise, aka Duke v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-26
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: career-offender circuit-split criminal-justice-reform discretion discretionary-review first-step-act resentencing sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17
Question Presented (AI Summary)

Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current, legally correct Sentencing Guidelines range

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant’s current, legally correct Sentencing Guidelines range.! The identical question is pending before the Court in Bates v. United States, U.S. No. 20-535 (pet. for cert. filed Oct. 20, 2020). i INTERESTED PARTIES There are no

Docket Entries

2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-06-02
Reply of petitioner Dwyne Deruise filed. (Distributed)
2021-05-27
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-26
Brief of respondent United States in opposition filed.
2021-04-28
Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2021.
2021-04-27
Motion to extend the time to file a response from April 28, 2021 to May 26, 2021, submitted to The Clerk.
2021-03-23
Motion to extend the time to file a response is granted and the time is further extended to and including April 28, 2021.
2021-03-22
Motion to extend the time to file a response from March 29, 2021 to April 28, 2021, submitted to The Clerk.
2021-02-19
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
2021-02-18
Motion to extend the time to file a response from February 25, 2021 to March 29, 2021, submitted to The Clerk.
2021-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2021)

Attorneys

Dwyne Deruise
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent