No. 22-6560

Candido Gomez-Santacruz v. United States

Lower Court: Fifth Circuit
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-3553a district-court-discretion federal-sentencing gall-v-united-states imprisonment-duration prior-term-of-imprisonment sentencing sentencing-factors sentencing-guidelines statutory-interpretation substantive-reasonableness
Key Terms:
Immigration
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Whether a district court may, consistent with 18 U.S.C. § 3553(a), treat the duration of a prior term of imprisonment as a floor or baseline on its sentencing authority

Question Presented (OCR Extract)

QUESTION PRESENTED L 18 U.S.C. § 3553(a)(1) requires district courts to “impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in” § 3553(a)(2). Those purposes include retribution, general deterrence, incapacitation, and rehabilitation, but Congress treated all four goals equally and requires consideration of each one. 18 U.S.C. § 3553(a)(2)(A)(D). “[I]n determining the particular sentence to be imposed,” § 3553(a) likewise requires district courts to “consider” a series of additional factors, which include “the nature and circumstances of the offense,” “the history and characteristics of the defendant,” and “the kinds of sentence and the sentencing range established for . . . the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines .. . issued by the Sentencing Commission.” 18 U.S.C. § 3553(a)(1), (4). The question presented is: In light of its nuanced, holistic approach to federal sentencing, whether a district court may, consistent with § 3553(a)’s plain text, treat the duration of a prior term of imprisonment as a floor or baseline on its sentencing authority. i

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-06
Waiver of right of respondent United States to respond filed.
2023-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)

Attorneys

Candido Gomez-Santacruz
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent