No. 21-6334

Christopher Jason Henry v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-11-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review booker-standard circuit-court harmless-error molina-martinez-v-united-states procedural-error procedural-reasonableness rosales-mireles-v-united-states sentencing-guidelines united-states-v-booker
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the sentencing adjustment in U.S.S.G. § 5G1.3(b) is completely advisory

Question Presented (OCR Extract)

QUESTION PRESENTED L In the opinion below, a divided panel of the Eleventh Circuit held that the sentencing adjustment in U.S.S.G. § 5G1.3(b) is completely advisory, even when its requirements are met. Does this conclusion misunderstand which aspects of the Guidelines this Court rendered advisory in United States v. Booker, 543 U.S. 220 (2005)? I. Can the sentencing court’s statement—that it would impose the same sentence irrespective of any guideline error—absolve the appellate court of its responsibility to ensure that the district court committed no significant procedural error in its calculation of the Guidelines? Can the Eleventh Circuit's harmless error determination be reconciled with this Court’s precedent in Molina-Martinez v. United States, 136 S. Ct. 1338 (2016), and Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018)? ii

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-02
Waiver of right of respondent United States to respond filed.
2021-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Christopher Jason Henry
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent