No. 22-6214

Timothy Robert Gallion v. United States

Lower Court: Fourth Circuit
Docketed: 2022-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether the Fourth Circuit Court of Appeals erred by dismissing Mr. Gallion's meritorious argument that the district court committed reversible error by disregarding the guideline range and imposing a sentence of 120 months and refusing to address the sentence credit guidance

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. GALLION’S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY DISREGARDING THE GUIDELINE RANGE OF 51-63 MONTHS AND IMPOSING A SENTENCE OF 120 MONTHS AND REFUSING TO ADDRESS THE SENTENCE CREDIT GUIDANCE OF U.S.S.G. § 5G1.3. B. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY AFFIRMING THE DISTRICT COURTS JUDGMENT IMPOSING CONDITIONS OF SUPERVISED RELEASE WHEN THE DISTRICT COURT REFERENCED BUT DID NOT ORALLY PRONOUNCE SUCH CONDITIONS DURING THE SENTENCING HEARING. i

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-12-06
Waiver of right of respondent United States to respond filed.
2022-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2023)

Attorneys

Timothy Gallion
James Edward Yeager Jr. — Petitioner
James Edward Yeager Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent