No. 20-7421

Jefferson Levine v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-3553(a) circuit-conflict criminal-resentencing first-step-act judicial-discretion post-sentencing-conduct section-404(b) sentencing sentencing-discretion
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether consideration of § 3553(a) factors is mandatory under First-Step-Act-Section-404(b)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether, in order to properly exercise its discretion under Section 404(b) of the First Step Act of 2018 to impose a reduced sentence for an eligible defendant, the district court must consider all of the applicable 18 U.S.C. § 3553(a) factors, or whether consideration of § 3553(a) factors is merely permissive but not required under Section 404(b). 2. Whether proper exercise of the court’s discretion under Section 404(b) necessitates consideration of how post-sentencing conduct affects the § 3553(a) factors, if argued by the defendant. i INTERESTED PARTIES There are no

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 of America 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

Jefferson Levine
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent