No. 21-5348

James H. Bates v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-12
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 18-usc-3553a criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation section-404 sentencing-factors statutory-interpretation
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (AI Summary)

Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence under Section 404 of the First Step Act?

Question Presented (OCR Extract)

question presented in the petition for writ of certiorari in Eddie Houston, Jr. v. United States, No. 20-1479, so this petition should likewise be held if the Court grants certiorari in Houston. il

Docket Entries

2021-12-06
Petition DENIED.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-17
Reply of petitioner James H. Bates filed. (Distributed)
2021-11-03
Brief of respondent United States in opposition filed.
2021-10-01
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-30
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-09-03
Response Requested. (Due October 4, 2021)
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-19
Waiver of right of respondent United States to respond filed.
2021-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2021)

Attorneys

James H. Bates
Samantha Jean KuhnFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent