No. 22-5006

David Cadena v. United States

Lower Court: Fifth Circuit
Docketed: 2022-06-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure criminal-sentencing district-court-discretion due-process reasonableness-review sentencing sentencing-guidelines statutory-maximum upward-variance
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range to the statutory maximum for reasons already factored into the Guidelines?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range to the statutory maximum for reasons already factored into the Guidelines? i

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
Main DocumentMain Document
2022-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionProof of Service

Attorneys

David Cadena
Brandon Elliott Beck — Federal Public Defender's Office, NDTX, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent