No. 21-7547

Gabriel Gonzalez v. John P. Yates, Warden

Lower Court: Eighth Circuit
Docketed: 2022-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights covid-19 cruel-and-unusual-punishment due-process eighth-amendment imprisonment prison-conditions sentencing sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Does continued imprisonment under unconstrained exposure to a lethal contagion violate Eighth Amendment rights?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . I. Does continued imprisonment under unconstrained exposure to a lethal contagion, such as COVID-19, violate his Eighth Amendment right to be free from inflicted * punishment that is both cruel and unusual? a. Il. Did the Eighth Circuit err by expanding the scope of 18 U.S.C. § 3553(b) to include exposure and infection to disease as a legitimate means of punishment, through his imprisonment, despite the absence of this factor being addressed by the United States Sentencing Commission? ;

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-08
Waiver of right of respondent John P. Yates, Warden to respond filed.
2022-03-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

Gabriel Gonzalez
Gabriel Gonzalez — Petitioner
Gabriel Gonzalez — Petitioner
John P. Yates, Warden
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent