No. 21-6671
Valente Arias-Avila v. United States
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
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. Prelogar — Solicitor General, Respondent
Valente Arias-Avila
Kathryn Shephard — Federal Public Defender, Petitioner