Christopher Jason Henry v. United States
Environmental SocialSecurity Securities Immigration
Whether the sentencing adjustment in U.S.S.G. § 5G1.3(b) is completely advisory
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