No. 21-7318

Abraham A. Augustin v. United States

Lower Court: Sixth Circuit
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process federal-court mandatory-sentence resentencing right-to-counsel section-2255 section-3553a sentencing sentencing-guidelines statutory-requirements
Key Terms:
FifthAmendment HabeasCorpus Securities
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Whether the trial court erred by not complying with 18-U.S.C-3553(a) and conducting a plenary resentencing hearing after vacating a conviction and removing a mandatory portion of the sentence

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. SENTENCING IN FEDERAL COURT IS GUIDED BY STATUTE AND CONSTITUTIONAL CONSIDERATIONS, STATUTORY REQUIREMENTS INCLUDE CONSIDERATION OF THE FACTORS IN 18 U.S.C, SECTION 3553(a). WHERE THE ORIGINAL JUDGMENT IS IMPACTED BY VACATING A CONVICTION AND REMOVING A MANDATORY PORTION OF THE SENTENCE, DID THE TRIAL COURT ERR BY NOT COMPLYING WITH SECTION 3553(a) AND CONDUCTING A PLENARY RESENTENCING HEARING? II. THE RIGHT TO COUNSEL IN A SECTION 2255 PROCEEDING IS STATUTORY AND REQUIRES COUNSEL BE APPOINTED WHEN THE INTERESTS OF JUSTICE SO REQUIRE. WHERE AUGUSTIN SOUGHT TO HAVE A CONVICTION VACATED ON CONSTITUTIONAL GROUNDS AND SOUGHT RESENTENCING, DID THE DISTRICT COURT ABUSE ITS DISCRETION IN DENYING THE MOTION TO APPOINT COUNSEL?

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-11
Waiver of right of respondent United States to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)

Attorneys

Abraham A. Augustin
Abraham Augustin — Petitioner
Abraham Augustin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent