No. 21-6753

Trevin Nunnally, aka Rick v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-01-04
Status: GVR
Type: IFP
Relisted (3)IFP Experienced Counsel
Tags: apprendi cocaine-distribution constitutional-law constitutional-precedent criminal-justice-reform criminal-statute first-step-act intervening-developments sentencing sentencing-reduction statutory-interpretation
Key Terms:
SocialSecurity Securities
Latest Conference: 2022-09-28 (distributed 3 times)
Question Presented (AI Summary)

Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First Step Act of 2018

Question Presented (OCR Extract)

question presented in this case is the same question that the Court granted certiorari to consider in Concepcion v. United States, 2021 WL 4464217 (U.S. Sept. 30, 2021) (No. 20-1650): “Whether, when deciding if it should ‘impose a reduced sentence’ on an individual under Section 404(b) of the First Step Act of 2018... a district court must or may consider intervening legal and factual developments.” The second question presented in this case is the same question that is pending before the Court in Jackson v. United States (No. 21-5874): “Whether the ‘as if language in Section 404(b) of the First Step Act requires a sentencing court to disregard intervening, but well-established constitutional precedent (i.e., Apprendi v. New Jersey, 530 U.S. 466 (2000)), in determining the revised statutory penalties for a ‘covered offense.” ii B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2022-11-04
Judgment issued.
2022-10-03
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Concepcion</i> v. <i>United States</i>, 597 U. S. ___ (2022). Justice Kagan took no part in the consideration or decision of this motion and this petition.
2022-09-12
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-07
Memorandum of respondent United States filed.
2022-01-27
Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2022.
2022-01-26
Motion to extend the time to file a response from February 3, 2022 to March 7, 2022, submitted to The Clerk.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2022)

Attorneys

Trevin Nunnally
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent