No. 21-6010

Robert D. Sutton v. United States

Lower Court: Seventh Circuit
Docketed: 2021-10-20
Status: Denied
Type: IFP
Amici (1)IFP
Tags: circuit-split compassionate-release criminal-justice criminal-sentencing judicial-discretion mandatory-minimum mandatory-minimums retroactivity sentence-reduction sentencing statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Can a district court consider a defendant's disproportionately long sentence under the earlier version of § 924(c) to find 'extraordinary and compelling reasons' exist under § 3582(c)(1)(A)?

Question Presented (OCR Extract)

QUESTION PRESENTED Under 18 U.S.C. § 3582(c)(1)(A), a defendant may seek a sentence reduction based, in part, on “extraordinary and compelling reasons.” In 2018, Congress amended 18 U.S.C. § 924(c) to limit when the mandatory minimum penalties apply to multiple § 924(c) convictions. But that amendment is not retroactive. Can a district court consider a defendant’s disproportionately long sentence under the earlier version of § 924(c) to find “extraordinary and compelling reasons” exist under § 3582(c)(1)(A)? i

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-20
Memorandum for the United States in opposition filed.
2021-11-17
Brief amici curiae of FAMM and NACDL filed.
2021-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2021.
2021-11-09
Motion to extend the time to file a response from November 19, 2021 to December 20, 2021, submitted to The Clerk.
2021-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2021)

Attorneys

FAMM and NACDL
Joshua Adam MatzKaplan Hecker & Fink LLP, Amicus
Robert D. Sutton
Jessica Arden EttingerFederal Defender Services of Wisconsin, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent