No. 22-5253

Dennis Charles Helmer v. United States

Lower Court: Eighth Circuit
Docketed: 2022-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 circuit-split compassionate-release covid-19 criminal-justice-reform first-step-act medical-care sentencing-discretion sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the District Court erred in denying relief to Petitioner's 18 U.S.C. 3582(c)(1)(A)(i) motion based on the applicability of 18 U.S.C. 3553(a)(2)(D) factors due to FBOP Medical Services ignoring requests for medical care for post-COVID-19 severe illness

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) Whether the District Court erred when it denied relief to Petitioner 18 U.S.C. 3582(c)(1)(A)(i) : motion based upon the applicability of 18 U.S.C. 3553(a)(2)(D) factors, due to FBOP Medical Services having ignored repeated requests for medical care for POST-COVID-19 severe illness: : : : 2.a) Whether the First Step Act announced a new substantive rule of Constitutional Law that applies when a prisoner brings 18 U.S.C. 3582(c)(1)(A) motion, rendering U.S.S.G. 1B1.13 an inapplicable policy statement, except, upon motion of Director of the BOP; 2.6) Further, Petitioner asks this Honorable Court to resolve the Circuit split, whether district courts enjoy full discretion without consulting U.S.S.G. 1B1.13 for 18 U.S.C. 3582(c)(1)(A) motion brought by a defendant in the, SECOND, FORTH, FIFTH, SIXTH, SEVENTH, NINTH, TENTH, DC, and the EIGHTH Circuit Court of Appeals. { ii.

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-09
Waiver of right of respondent United States to respond filed.
2022-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)

Attorneys

Dennis Charles Helmer
Dennis Charles Helmer — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent