No. 22-5894

Terrence Gibbs v. United States

Lower Court: Third Circuit
Docketed: 2022-10-24
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 18-usc-3582 compassionate-release criminal-justice extraordinary-and-compelling extraordinary-circumstances federal-sentencing-law federal-statute judicial-discretion retroactivity sentence-reduction sentencing sentencing-law
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether non-retroactive changes in federal sentencing law comprise 'extraordinary and compelling' circumstances for compassionate release

Question Presented (from Petition)

QUESTION PRESENTED The compassionate release statute at 18 U.S.C. § 3582(c)(1)(A) states, in relevant part: (A) the court, . .. upon motion of the defendant... , may reduce the term of imprisonment .. . , after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that(1) extraordinary and compelling reasons warrant such a reduction; ... (emphasis added). The question presented is: Whether non-retroactive changes in federal sentencing law, which dramatically altered sentencing exposure for those later sentenced, comprise “extraordinary and compelling” circumstances making a petitioner eligible for relief under 18 U.S.C. § 3582(c)(1(A)(i). i

Docket Entries

2023-04-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-04-03
Reply of petitioner Terrence Gibbs filed. (Distributed)
2023-03-17
Brief of respondent United States in opposition filed.
2023-02-08
Motion to extend the time to file a response is granted and the time is further extended to and including March 17, 2023.
2023-02-07
Motion to extend the time to file a response from February 16, 2023 to March 17, 2023, submitted to The Clerk.
2023-01-09
Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.
2023-01-06
Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
2022-12-08
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
2022-12-07
Motion to extend the time to file a response from December 16, 2022 to January 17, 2023, submitted to The Clerk.
2022-11-16
Response Requested. (Due December 16, 2022)
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-31
Waiver of right of respondent United States to respond filed.
2022-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2022)

Attorneys

Terrence Gibbs
Christy Posnett MartinFederal Community Defender Office for the EDPA, Petitioner
Christy Posnett MartinFederal Community Defender Office for the EDPA, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent