No. 22-7192

Dan Pizarro v. United States

Lower Court: Ninth Circuit
Docketed: 2023-04-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences criminal-sentencing district-court-authority district-court-discretion federal-criminal-procedure federal-jurisdiction future-events future-sentence-commencement judicial-sentencing-power sentencing-authority setser-v-united-states
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Does a district court exceed its authority by expressly or effectively ordering its sentence to run consecutively to a sentence in another federal case that has not yet been imposed?

Question Presented (from Petition)

Questions Presented Petitioner is serving a life sentence imposed by the United States District Court for the Eastern District of Louisiana. But this petition concerns a case in the United States District Court for the Central District of California, which ordered its 18-month sentence to “commence on the earlier of the date that defendant is released from his sentence imposed in” the Louisiana federal case “or on January 1, 2042, whichever is earlier.” App. 7a. The Central District of California did so to make its sentence consecutive in the event that the Eastern District of Louisiana imposes a different, lower sentence in that case sometime in the future. The Ninth Circuit affirmed that sentence. This case therefore presents these questions: 1. Does a district court exceed its authority by expressly or effectively ordering its sentence to run consecutively to a sentence in another federal case that has not yet been imposed? [The Court left this question open in Setser v. United States, 566 U.S. 231, 241 n.4 (2012).] 2. Does a district court exceed its authority by ordering its sentence to commence on a date far in the future (20 years in this case) or on an unknown date conditioned on some possible future event? ii

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent United States to respond filed.
2023-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2023)

Attorneys

Dan Pizarro
James H. LocklinFederal Public Defender , Petitioner
James H. LocklinFederal Public Defender , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent