No. 22-6364

Fairly W. Earls v. Federal Bureau of Prisons

Lower Court: Seventh Circuit
Docketed: 2022-12-21
Status: Dismissed
Type: IFP
IFP
Tags: concurrent-sentences consecutive-sentences constitutional-rights double-jeopardy due-process federal-sentence sentencing sentencing-guidelines state-sentence
Key Terms:
DueProcess FourthAmendment FifthAmendment
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Whether Earls should have to serve the same Federal Sentence a Second Time

Question Presented (OCR Extract)

QUESTION PRESENTED I. Whether Earls should have to serve the same Federal Sentence a Second . Time. The vast States Court of Appeals for the Seventh Circuit ‘violated Earls Constitutional Rights by deciding that Earls Federal . Sentence hen has to be served. Altho the Federal Sentence was issued | , First oxide to any State Sentence and his State Sentence was issued | consecutive to the Federal Sentence. Earls Federal Sentence as given has been leisticg in full. , II. Whether i Court of Appeals and District Court both failed to apply 7 _ section usse 5Gi.3 sentencing guideline to Earls Sentence because , “the guide |line ‘does apply and would run: Earls Federal Sentence and . the State Sentences. together. . i . , . . toes , : . ; 1 ly Se ;

Docket Entries

2023-02-27
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. Justice Barrett took no part in the consideration or decision of this motion and this petition.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2022-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2023)

Attorneys

Fairly W. Earls
Fairly W. Earls — Petitioner
Fairly W. Earls — Petitioner
Federal Bureau of Prisons
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent