No. 21-5314

Thomas Brantley Jenkins, II v. United States

Lower Court: Fourth Circuit
Docketed: 2021-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 compassionate-release criminal-sentencing district-court-review judicial-discretion motion-analysis primary-contentions sentencing-factors statutory-interpretation written-findings
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a district court fully considers the 18 U.S.C. § 3553(a) factors when ruling on a compassionate release motion under 18 U.S.C. § 3582(c)(1)(A) if it fails to address one of the defendant's primary contentions in its written findings of fact

Question Presented (OCR Extract)

QUESTION PRESENTED 1. WHEN RULING ON A MOTION FOR COMPASSIONATE RELEASE UNDER 18 U.S.C. § 3582(c)(1)(A), DOES A DISTRICT COURT FULLY “CONSIDER THE FACTORS SET FORTH IN 18 U.S.C § 3553(a)” IF IT FAILS TO ADDRESS ONE OF DEFENDANT'S PRIMARY CONTENTIONS IN ITS WRITTEN FINDINGS OF FACT? ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Waiver of right of respondent United States to respond filed.
2021-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2021)

Attorneys

Thomas Brantley Jenkins
John David Bryson IIWyatt Early Harris Wheeler LLP, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent