No. 22-5314

Daniel Ray v. United States

Lower Court: Ninth Circuit
Docketed: 2022-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-reasoning rita-v-united-states sentencing-guidelines
Key Terms:
Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether sentencing judges must explain why they have rejected a nonfrivolous argument made by a defendant in favor of a lower sentence

Question Presented (OCR Extract)

QUESTION PRESENTED The Court has observed that “where a party presents nonfrivolous reasons for imposing a different sentence, the judge will normally go further and explain why he has rejected those arguments.” Rita v. United States, 551 U.S. 338, 339 (2007). This case presents the question whether sentencing judges must do what judges “normally” do by explaining why they have rejected a nonfrivolous argument made by a defendant in favor of a lower sentence.

Docket Entries

2022-10-03
Petition DENIED.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-11
Waiver of right of respondent United States to respond filed.
2022-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2022)

Attorneys

Daniel Ray
Timothy Allen ScottMcKenzie Scott PC, Petitioner
Timothy Allen ScottMcKenzie Scott PC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent