No. 22-7567

Enrique Infante, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-3553 18-usc-3582 compassionate-release extraordinary-and-compelling extraordinary-compelling-reasons judicial-discretion medical-care sentencing sentencing-factors statutory-interpretation
Key Terms:
Punishment
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether inadequate medical care for a treatable illness is a categorically insufficient basis to qualify as an extraordinary and compelling reason for 18 U.S.C. § 3582(c)(1)(A) relief?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW (1) Whether inadequate medical care for a treatable illness is a categorically insufficient basis to qualify as an extraordinary and compelling reason for 18 U.S.C. § 3582(c)(1)(A) relief? (2) Whether, in conducting a 18 U.S.C. § 3553(a) analysis for a compassionate release motion, a district court abuses its discretion if it analyzes whether it would have imposed a shorter sentence under current law at the time of the original sentencing, rather than engaging in a current-time determination in light of the new extraordinary and compelling reasons presented at the time of the motion? Prefix

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-22
Waiver of right of respondent United States of America to respond filed.
2023-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Enrique Infante
Gary Paul BurchamBurcham & Zugman, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent