No. 21-6921

Sedale Pervis v. United States

Lower Court: Second Circuit
Docketed: 2022-01-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) criminal-law criminal-sentencing district-court family-impact judicial-discretion mitigating-factor procedural-background respect-for-law respect-for-the-law sentencing-guidelines statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Did the District Court err in not finding that promoting respect for the law, in the context of this case is a mitigating factor?

Question Presented (OCR Extract)

QUESTION PRESENTED The touchstone statute for criminal sentencing, 18 U.S.C. § 3553(a), provides that a sentence must promote respect for the law. However, “respect for the law” is not clearly defined there, or anywhere else in the law. The impact of Mr. Pervis’s sentence upon his family and community was, is, and will be severe. Did the District Court err in not finding that promoting respect for the law, in the context of this case is a mitigating factor? i

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-26
Waiver of right of respondent United States to respond filed.
2022-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Sedale Pervis
William Theodore Koch IIIKoch, Garg & Brown, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent