No. 21-6397

Viengxay Chantharath, aka OG v. United States

Lower Court: Eighth Circuit
Docketed: 2021-11-23
Status: Denied
Type: IFP
IFP
Tags: 18-usc-3582 circuit-split extraordinary-and-compelling-reasons extraordinary-reasons first-step-act mandatory-minimum retroactivity sentence-reduction sentencing-law
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Can a nonretroactive change in the sentencing law satisfy the 'extraordinary and compelling reasons' standard for a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A)(i)?

Question Presented (OCR Extract)

QUESTION PRESENTED Under 18 U.S.C. § 3582(c)(1)(A)Q), district courts have the authority to reduce a sentence based on “extraordinary and compelling reasons.” In the First Step Act of 2018, Congress amended the mandatory minimum penalties for certain offenses, including eliminating mandatory life sentences for most drug offenses. This amendment was not retroactive. The question presented is: Can a nonretroactive change in the sentencing law satisfy the “extraordinary and compelling reasons” standard for a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A)(i)? i

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-01-24
Memorandum of respondent United States in opposition filed.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2022.
2021-12-15
Motion to extend the time to file a response from December 23, 2021 to January 24, 2022, submitted to The Clerk.
2021-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2021)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Viengxay Chantharath
Molly C. QuinnOffice of the Federal Public Defender, Petitioner