No. 22-6429

Robert McKenna v. United States

Lower Court: First Circuit
Docketed: 2022-12-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3553a appellate-review criminal-history district-court-discretion due-process public-safety sentencing sentencing-factors sentencing-reasonableness
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the First Circuit Court of Appeals erred in finding that the defendant's sentence was procedurally and substantively reasonable under 18 USC § 3553(a) and (c)(1) when the district court's explanation was inadequate and failed to properly consider the sentencing factors

Question Presented (OCR Extract)

QUESTIONS PRESENTED The First Circuit Court of Appeals held pursuant to 1 Cir. R. 27.0( c), that the sentence defendant Robert McKenna received was both procedurally and substantively reasonable because the Maine District Court had “linked appellant’s extensive 30-year criminal history to the goals of sentencing, namely, deterrence and protection of the public from further criminal conduct on the part of the appellant.” United States v. McKenna, No. 20-2178, (Sept. 28, 2022, 1* Cir. 2022) (“McKenna”). The First Circuit reasoned that the Maine District Court’s explanation was “adequate for purposes of [18 USC] § 3553( c)(1),” and that the district “court sufficiently considered the 18 USC § 3553(a) factors.” Id. Additionally, the First Circuit concluded that the district court had not abused its discretion “because the district court provided a ‘plausible sentencing rationale and reached a defensible result” by merely stating a need “to protect the public from the defendant.” Id. citing United States v. Gomera-Rodriguez, 952 F.3d 15, 20 (1* Cir. 2020). See

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2023)

Attorneys

Robert McKenna
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent