No. 22-5625

Orville Tucker v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-09-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 3553(a)-factors circuit-split compassionate-release guideline-range non-delegation-doctrine sentencing-commission sentencing-law statutory-interpretation
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Did Congress delegate complete authority to the U.S. Sentencing Commission to define extraordinary-and-compelling-reasons for sentence-reduction

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Did Congress, in 28 U.S.C. § 994(t), delegate complete authority to the U.S. Sentencing Commission to “define” an exclusive list of “extraordinary and compelling reasons” for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), as the Eleventh Circuit has held, or is that interpretation of § 994(t) not only counter-textual for the reasons identified by the Tenth Circuit, but unconstitutional under the non-delegation doctrine? 2. Given the Court’s holding in Concepcion that when a district court exercises its discretion under Section 404(b) of the First Step Act the record must demonstrate that the court at least “considered” a defendant’s arguments based on unrelated, nonretroactive changes in sentencing law, does a district court abuse its discretion under 18 U.S.C. § 3582(c)(1)(A) by exercising its “discretion” to deny compassionate release, if the record does not confirm that the court considered a defendant’s arguments under 18 U.S.C. § 3553(a) based upon intervening changes in sentencing law that that would result in a reduced Guideline range and lesser sentence today? i INTERESTED PARTIES There are no

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-29
Waiver of right of respondent United States of America to respond filed.
2022-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2022)
2022-08-08
Application (22A95) granted by Justice Thomas extending the time to file until September 15, 2022.
2022-07-29
Application (22A95) to extend the time to file a petition for a writ of certiorari from August 16, 2022 to September 15, 2022, submitted to Justice Thomas.

Attorneys

Orville Tucker
Brenda Greenberg BrynFederal Public Defender, Petitioner
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent