No. 21-6937

Colin Michael v. United States

Lower Court: Eighth Circuit
Docketed: 2022-01-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review district-court district-court-discretion judicial-presumption rita-v-united-states sentencing sentencing-commission sentencing-guidelines substantive-reasonableness united-states-sentencing-commission
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Should an appellate court automatically presume that a within-or-below-guideline sentence is substantively reasonable when the underlying rationale for the presumption set forth in Rita v. United States, 551 U.S. 338 (2007)—that the district court and United States Sentencing Commission are in agreement as to the reasonableness of a sentence—does not exist in a particular case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Should an appellate court automatically presume that a withinor belowguideline sentence is substantively reasonable when the underlying rationale for the presumption set forth in Rita v. United States, 551 U.S. 338 (2007)—that the district court and United States Sentencing Commission are in agreement as to the reasonableness of a sentence—does not exist in a particular case? 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.
2022-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Colin Michael
Becky KurzFederal Public Defender Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent