No. 21-6144

Johnnie Sims v. United States

Lower Court: Fifth Circuit
Docketed: 2021-11-02
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 18-usc-3553 18-usc-3553a criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation sentence-reduction sentencing-factors statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-06-29 (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)

QUESTIONS PRESENTED! (1) 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? (2) Are district courts required to provide individualized explanations for discretionary denials of sentence reductions under Section 404 of the First Step Act? 1 These questions are identical to those presented in the petitions for writ of certiorari in Michael Carter v. United States, No. 21-5047, and James Bates v. United States, 21-5348. Additionally, the first question is the same as that presented in Eddie Houston, Jr. v. United States, No. 20-1479. Accordingly, if the Court grants certiorari in any of those cases, it should hold this petition pending resolution of the issue(s). il

Docket Entries

2022-08-01
JUDGMENT ISSUED
2022-06-30
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Concepcion</i> v. <i>United States</i>, 597 U. S. ___ (2022). Justice Kagan took no part in the consideration or decision of this motion and this petition.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-03
Memorandum of respondent United States filed.
2021-12-02
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2022.
2021-12-01
Motion to extend the time to file a response from December 2, 2021 to January 3, 2022, submitted to The Clerk.
2021-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2021)

Attorneys

Johnnie Sims
Samantha Jean KuhnFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent