No. 21-6671

Valente Arias-Avila v. United States

Lower Court: Fifth Circuit
Docketed: 2021-12-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-split criminal-sentencing due-process federal-sentencing gall-v-united-states judicial-discretion sentencing-factors standard-of-review
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Can appellate courts reweigh sentencing factors under 18 U.S.C. § 3553(a)

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. When conducting their review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as the First, Eighth, Ninth, and Eleventh Circuits hold, or does this Court’s decision in Gall v. United States, 552 U.S. 38 (2007), prohibit appellate courts from reweighing the sentencing factors, as the Fifth and Tenth Circuits hold? IL. What is the appropriate standard for appellate courts to apply when conducting their review of sentences? : i |

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Waiver of right of respondent United States to respond filed.
2021-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Valente Arias-Avila
Kathryn ShephardFederal Public Defender, Petitioner