No. 20-7037

Elias Junior Rodriguez v. United States

Lower Court: Fourth Circuit
Docketed: 2021-02-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5K1.1-motion appellate-review criminal-procedure criminal-sentencing downward-variance government-motion judicial-discretion sentencing sentencing-guidelines U.S.S.G.-5K1.1
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Does a court violate Gall v. United States by failing to adequately explain the basis for a below-guidelines sentence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. DOES A COURT VIOLATE THIS COURT’S HOLDING IN GALL v. UNITED STATES, 552 U.S. 38 (2007) BY FAILING TO ADEQUATELY EXPLAIN TO WHAT EXTENT THE COURT'S BELOW-GUIDELINES SENTENCE WAS BASED ON A DOWNWARD VARIANCE, OR A GOVERNMENT’S MOTION UNDER U.S.S.G. § 5K1.1? ii

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent United States of America to respond filed.
2021-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Elias Junior Rodriguez
John David BrysonWyatt Early Harris Wheeler LLP, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent