No. 21-6525

George Patrick v. United States

Lower Court: Sixth Circuit
Docketed: 2021-12-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release
Key Terms:
HabeasCorpus
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether a district court has the authority to correct an error in its original determination of the class of felony at a revocation hearing

Question Presented (OCR Extract)

QUESTION PRESENTED A sentence imposed upon revocation of supervised release is governed by the class of felony determined at the time of the original sentence. 18 U.S.C. § 3583(b). Where a district court determines that it erred in its original determination of the class of felony, does a district court have the authority to correct that error at a revocation hearing? ii RELATED CASES Pursuant to Supreme Court Rule 14(1)(b)Gii), Petitioner submits the following cases which are directly related to this Petition: . none ili

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent United States to respond filed.
2021-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2022)

Attorneys

George Patrick
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent