No. 21-7748

Sonny Austin Ramdeo v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-04-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split compassionate-release defendant-motion first-step-act sentencing-guidelines sentencing-reform-act statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Whether the expanded compassionate release statute, 18 U.S.C. §3582(c)(1)(A), triggers the sentencing guideline policy statement U.S.S.G. § 1B1.13 when defendants file their own motions

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW When Congress enacted the Sentencing Reform Act of 1984 (Pub. L. No. 98473, Tit. II, ch. II, 98 Sta. 1987; 18 U.S.C. §3551, et seq.), it provided a few exceptions to the general rule that final judgments are unassailable. One of the exceptions was relief from a judgment through compassionate release, provided for in 18 U.S.C. §3582(c)(1)(A). This exception was expanded by the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, §603(b) (2018) (“FSA 2018”), which for the first time allowed defendants to file their own compassionate release motions with the courts. The question presented for review in this case is whether the expanded compassionate release statute, 18 U.S.C. §3582(c)(1)(A) (2018) triggers any sentencing guideline policy statements when defendants file their own motions, specifically whether U.S.S8.G. § 1B1.13 is applicable to defendant-filed motions, or whether U.S.S.G. § 1B1.13 is inapplicable to such defendant-filed motions. This question is the subject of a circuit split with eight circuits agreeing that U.S.S.G. §1B1.13 does not bind defendant-filed motions, while the Eleventh Circuit alone, finds that §1B1.13 is binding and limits defendant-filed compassionate release motions. ‘ INTERESTED PARTIES There are no

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Waiver of right of respondent United States to respond filed.
2022-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2022)

Attorneys

Sonny Austin Ramdeo
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent