No. 22-5998
Jeffrey Wingate v. United States
Response WaivedRelisted (2)IFP
Tags: 18-usc-3553 bureau-of-prisons criminal-procedure due-process mitigating-evidence rule-35 rule-35-resentencing sentencing sentencing-factors
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2022-12-02
(distributed 2 times)
Question Presented (AI Summary)
Whether due process is violated in a Rule 35(b) resentencing
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1) Whether due process is violated when, in the event a defendant submits mitigating evidence in a rule 35 (b) resentencing that has a connection to 18 U.S.C 3553 or 5K.1 factors and the district court forgoes consideration of such mitigating evidence. 2) Whether due process is violated in a Rule 35 (b) resentencing when the Bureau of Prisons extends narrative and evidence of a prisoners current respect for the law and his ability to conform with-in it and the district court for goes any consideration of the Bureaus analysis of the prisoner.
Docket Entries
2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-10
Waiver of right of respondent United States to respond filed.
2022-11-07
Motion (22M31) for leave to file a petition for a writ of certiorarii with the supplemental appendix under seal Granted.
2022-10-19
MOTION (22M31) DISTRIBUTED for Conference of 11/4/2022.
2022-06-27
Motion (22M31) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2022)
Attorneys
Jeffrey Wingate
Jeffrey S. Wingate — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent