No. 21-6560

Carlo Donato v. United States

Lower Court: Second Circuit
Docketed: 2021-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) covered-offense criminal-sentencing deportation first-step-act retroactive-penalty retroactivity section-924(c) sentencing stacking statutory-interpretation
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether the First Step Act modifies the penalty for 'stacking' 924(c) convictions and whether such an offense is retroactive

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : oe Whether, under the First Step Act, Act 403(a) Title 18 U.S.C. Section 924(c) modify penalty on the "stacking", fall under the “covered offense" Act, due to the fact that the statutory penalty was modified under the provision of the First Step Act. And, if a covered offense violation, is retroactive. : i Whether, a compassionate release motion filed under Section 3582(c) of the First Step Act, should be granted based on EQUAL JUSTICE and NOT base on RACIAL INJUSTICE and DISPARITY OF SENTENCE is violating Section 3553(a)(6). Whether, Section 3142(g) and Section 3553(a) "danger to the community" factor, isan abuse of discretion, without considering the Bureau of Prisons [Risk Pattern Score] under the First Step Act , Act 101(a) Subchapter D, Sections 3632 and 3633; Defendant immediate deportation, when considering "danger factor", violating the finding in light of Pepper. : ca + , ) 1202/20/80

Docket Entries

2022-01-24
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2022)

Attorneys

Carlo Donato
Carlo Donato — Petitioner
Carlo Donato — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent