No. 20-7956

Bryan Montalvo v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: advisory-guidelines appellate-jurisdiction criminal-procedure downward-departure federal-courts judicial-discretion motion-for-departure sentencing sentencing-review statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether a circuit court of appeals has jurisdiction to review the denial of a motion for downward departure?

Question Presented (OCR Extract)

QUESTION PRESENTED L Whether a circuit court of appeals has jurisdiction to review the denial of a motion for downward departure? i

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-13
Waiver of right of respondent United States of America to respond filed.
Main Document
2021-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Bryan Montalvo
Brandon Elliott Beck — Federal Public Defender's Office, Northern District of Texas, Petitioner
Brandon Elliott Beck — Federal Public Defender's Office, Northern District of Texas, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent