No. 21-7704

Kerry Vanderpool v. United States

Lower Court: Second Circuit
Docketed: 2022-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3742 appeals criminal-procedure due-process jurisdiction sentencing
Key Terms:
DueProcess
Latest Conference: 2022-05-26
Question Presented (AI Summary)

Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that the sentence is reasonable and legal under the applicable guidelines?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that the sentence is reasonable and legal under the applicable guidelines? 2. When a defendant has been convicted of two separate offenses, and one of them is declared constitutionally invalid, does a district court violate the defendant’s due process rights by invoking the “sentencing package” doctrine to justify resentencing the defendant to an increased prison term on the surviving count? i

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States of America to respond filed.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2022)

Attorneys

Kerry Vanderpool
Samuel Michael BravermanFasulo Braverman & Di Maggio, LLP, Petitioner
Samuel Michael BravermanFasulo Braverman & Di Maggio, LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent