No. 21-5634
Michael D. Forbes v. United States
Tags: appellate-review criminal-resentencing criminal-sentencing first-step-act guideline-range reasonableness-standard section-404 sentencing-guidelines sentencing-review
Latest Conference:
2022-01-07
Question Presented (from Petition)
Appellate court s review criminal sentence s for reasonableness . And major variances or departures from the advisory guideline range must be supported by a more significant justification than a minor one. As a result of the First Step Act of 2018, Petitioner's original sentence is now well above the guideline range. Should the reasonableness standard apply on appellate review of a ruling on a motion under Section 404 of the First Step Ac t?
Question Presented (AI Summary)
Should the reasonableness standard apply on appellate review of a ruling on a motion under Section 404 of the First Step Act?
Docket Entries
2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-22
Reply of petitioner Michael Forbes filed.
2021-11-12
Memorandum of respondent United States in opposition filed.
2021-10-06
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2021. See Rule 30.1
2021-10-05
Motion to extend the time to file a response from October 12, 2021 to November 11, 2021, submitted to The Clerk.
2021-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2021)
Attorneys
Michael Forbes
Frederick William Ulrich — Federal Public Defenders Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent