No. 20-7409

Eduardo Pena-Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2021-03-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness
Key Terms:
Immigration
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? ii PARTIES Eduardo Pena-Garcia is the petitioner, who was the defendant-appellant below. The United States of America is the respondent, and was the plaintiff-appellee below. iii

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-17
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)

Attorneys

Eduardo Pena-Garcia
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent