No. 23-5055

Erick De Jesus-Torres v. United States

Lower Court: First Circuit
Docketed: 2023-07-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aiding-and-abetting appellate-review downward-variance gall-v-united-states kimbrough-v-united-states meaningful-explanation policy-considerations sentencing-court sentencing-enhancement sentencing-factors sentencing-guidelines
Latest Conference: 2023-09-26
Question Presented (from Petition)

Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor, particularly an argument advanced by a defendant during sentencing to reject the automatic application of a sentencing enhancement based on policy considerations.

Question Presented (AI Summary)

Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor, particularly an argument advanced by a defendant during sentencing to reject the automatic application of a sentencing enhancement based on policy considerations

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-12
Waiver of right of respondent United States to respond filed.
2023-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 7, 2023)

Attorneys

Erick De Jesus-Torres
Raul Santiago MarianiMariani Franco Law, PSC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent