No. 20-8347

Terron McAllister v. United States

Lower Court: Fourth Circuit
Docketed: 2021-06-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a District Court abuses its discretion in denying a sentence reduction under the First Step Act

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a District Court adjudicating a motion for a reduced sentence under the First Step Act abuses its discretion when a defendant would have a significantly lower Guidelines range if he were sentenced at the time of the Section 404 motion than he did at the original sentencing, but the district court nonetheless denies a sentence reduction based solely on information that was already accounted for in the original sentence. ii LIST OF ALL DIRECTLY

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-23
Waiver of right of respondent United States to respond filed.
2021-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)

Attorneys

Terron McAllister
Eric Joseph BrignacOffice of the Federal Public Defender, Petitioner
Eric Joseph BrignacOffice of the Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent