No. 20-7655

Lisa Bershan v. United States

Lower Court: Second Circuit
Docketed: 2021-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-04-30
Question Presented (AI Summary)

Should a sentencing judge be required to rule on downward departure requests before considering variances?

Question Presented (OCR Extract)

Question Presented Should this Court should grant certiorari in order to resolve the following conflict among the circuits: Is a sentencing judge required specifically to rule on requests for downward departures before considering possible variances from the guideline range? Or is a sentencing judges authorized to subsume downward departure determinations into its consideration of requests for variances governed by the general rule of reasonableness?

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-09
Waiver of right of respondent United States to respond filed.
2021-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2021)

Attorneys

Lisa Bershan
Jeremiah DonovanAttorney at Law, Petitioner
Jeremiah DonovanAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent