No. 21-690

Rodney Earl Cannady, aka Camp Earl v. United States

Lower Court: Fourth Circuit
Docketed: 2021-11-09
Status: Denied
Type: Paid
Tags: career-offender cocaine-base-offense criminal-sentencing fair-sentencing-act first-step-act plain-error retroactive-amendment retroactivity sentencing-reduction
Key Terms:
Securities Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Did the district court err by denying defendant Cannady relief pursuant to the retroactive First Step Act of 2018 and Fair Sentencing Act of 2010

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : : : Did the district court error by denying defendant Cannady relief pursuant to the "First Step Act of 2018" retroactive,which made the "Fair . Sentencing Act of 2010" retroactive to section-2 the 18-to-l. | . . . Did the district court error Offensé™ of (601) . ‘grams or more of cocaine base to deny Cannady relief under the Fair sentencing act,whereas facts on the record support all fact finders that Cannady pled guilty to the "Covered Offense" of (50) grams or more of cocaine base alleged within the Indictment. : ‘ “7 : . Did the district court error by failing to recalculate defendant ‘ Cannady's guideline range,pursuant to the "Covered Offense" of (50) grams or more — of cocaine base charged in his Indictment. : . . Did the district court error at 'Cannady's original sentencing, where the district court designated defendant as a career offender for his 1997 Conspiracy prior conviction. : What part of the record,did the Fourth Circuit Court of Appeals agree . . with from the district court ruling; fo>cdénys Cannady : . reduction. . , . What. parts of the Fair Sentencing Act were made retroactive by the First Step Act as though they were in effect at the time of sentencing. : Does intervening change in law apply,where defendant is eligible for co relief pursuant to the First Step Act retroactive. : _ + Does Cannady qualify for the retroactive Crack amendments 706,750 and 782. : : : : Is it "right" for the district court to continue to ignore an error,a plain error that was committed by the district court at defendant's original sentencing where the district court themselves (knew) that a sentencing error . , had been committed by designating defendant a6 a career offender. , pg-5 : ;

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-10
Memorandum of respondent United States in opposition filed.
2021-12-03
Motion to extend the time to file a response is granted and the time is extended to and including January 10, 2022.
2021-12-02
Motion to extend the time to file a response from December 9, 2021 to January 10, 2022, submitted to The Clerk.
2021-08-27
Petition for a writ of certiorari filed. (Response due December 9, 2021)

Attorneys

Rodney E. Cannady
Rodney Earl Cannady — Petitioner
Rodney Earl Cannady — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent