No. 20-7878

Maci Denon Davis and Joe L. Franklin v. United States

Lower Court: Eighth Circuit
Docketed: 2021-04-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: congress congressional-intent discretion district-court eighth-circuit first-step-act sentencing-commission sentencing-guidelines unwarranted-disparities
Key Terms:
AdministrativeLaw
Latest Conference: 2022-06-29 (distributed 2 times)
Question Presented (AI Summary)

Whether the Eighth Circuit Court of Appeals incorrectly found that the district court was permitted to tether itself to the United States Sentencing Guidelines as if the Sentencing Commission, rather than Congress, had authorized relief for defendants pursuant to Section 404 of the First Step Act of 2018?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether the Eighth Circuit Court of Appeals incorrectly found that the district court was permitted to tether itself to the United States Sentencing Guidelines as if the Sentencing Commission, rather than Congress, had authorized relief for defendants pursuant to Section 404 of the First Step Act of 2018? ii

Docket Entries

2022-06-30
Petition DENIED.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-09-27
Brief of respondent United States in opposition filed.
2021-08-23
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2021.
2021-08-20
Motion to extend the time to file a response from August 27, 2021 to September 27, 2021, submitted to The Clerk.
2021-07-20
Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2021.
2021-07-19
Motion to extend the time to file a response from July 28, 2021 to August 27, 2021, submitted to The Clerk.
2021-06-08
Motion to extend the time to file a response is granted and the time is further extended to and including July 28, 2021.
2021-06-07
Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk.
2021-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
2021-05-17
Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
2021-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2021)

Attorneys

Maci Davis, et al.
Anna Marie WilliamsFederal Public Defender's Office, Petitioner
Anna Marie WilliamsFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent