No. 21-5110

Junior Jean Baptiste v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-07-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-U.S.C.-3553(a) advisory-guidelines appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasoned-decision sentencing sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should the sentencing judge be required to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance?

Question Presented (OCR Extract)

QUESTION PRESENTED The district court, on remand for resentencing after failing originally to permit allocution by petitioner, reimposed the original sentence without discussion or acknowledgment of changed circumstances, including the defendant’s remorse that the government concluded was heartfelt, or of any of the valid grounds asserted, without government opposition, for a sentence below the guideline range. The Eleventh Circuit held that nothing more is required at sentencing than a statement by the sentencing judge to the effect that 18 U.S.C. § 3553(a)’s sentencing factors were considered. In order to afford meaningful appellate review and to insure constitutional application of the advisory guidelines, should this Court require the sentencing judge to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance? ; INTERESTED PARTIES The caption contains the names of all of the parties interested in the proceedings. ii

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Waiver of right of respondent United States to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Junior Jean Baptiste
Richard C. Klugh Jr. — Petitioner
Richard C. Klugh Jr. — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent