No. 22-5701

Terry Wayne Cope v. United States

Lower Court: Sixth Circuit
Docketed: 2022-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 compassionate-release congress covid-19 criminal-procedure district-court judicial-discretion public-health sentencing
Key Terms:
Immigration
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Does the precedent that a defendant's incarceration during the COVID-19 Pandemic, when the defendant has access to the COVID-19 vaccine, does not present an 'extraordinary and compelling reason' warrant a compassionate release under 18 U.S.C. § 3582(c)(1)(A), contravene the will of Congress by impermissibly restraining the district courts and also contravene the traditional deference to public health emergencies

Question Presented (from Petition)

No question identified. : Questions Mesented A. Does -the precedent thet “Gi cdefindant!'s lacarcera Hon ducing the CoVvin=l& Pandemic~ when the defendant has acess-to the Conid-ig vaccine dees not Preseyt @9 ‘ ectreecding Gnd compelling reason* WALK ati A Co SE CvICe a cre fon ~ S(A'p eet the will ef Conarcess by Im permiss \ bly netraining the? distict courts and diso ContraveneHthre -traditidnal deference of ty pualic health oe kee rency : LS. y Lemens IS FE bh FAX, A im Zozl): ) Board of Nassau euakg v Aclipé 480 (LS, 273 23F AG. Zoe Must +e district Co uct address wl gourds LISP BO motion te i _teCductton Th | antevice. MUS et Socth speci i | GAAinas UDRP acte i> Len Ce * eOHener “TNAGN , Fr 19 enime _«f'!con cttén when ciccumsetang , | “Reference. Fepperv US, 562 US. 476,44 (Zoi SUPREME COURT OF THE UNITED STATES PETITION FOR WRIT OF CERTIORARI | Petitioner respectfully prays that a writ of certiorari issue to review the judgment below. OPINIONS BELOW _bs[ For cases from federal courts: The opinion of the United States Court of Appeals appears at

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 to respond filed.
2022-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2022)

Attorneys

Terry Wayne Cope
Terry Wayne Cope — Petitioner
Terry Wayne Cope — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent