No. 20-7421
Jefferson Levine v. United States
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
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 Bryn — Federal Public Defender, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent