No. 23-5698

Roy Christopher West v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-split compassionate-release concepcion-v-united-states district-court-discretion equal-protection extraordinary-and-compelling-reasons first-step-act judicial-discretion sentencing-disparity
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (AI Summary)

Whether the Sixth Circuit's threshold for extraordinary and compelling reasons under the First Step Act of 2018 Compassionate Release is erroneous and overly searching and violates the law given to the District Court judges' discretion explained in Concepcion v. United States, 142 S. Ct. 2364 (2022)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ) WWaerace tHe Socn Crecurt’s THREsHolo FoR EXTRAURDINARY AND COMPELLING REASONS UNDER THE Faest Step Act of 2018 ComPasSonate RKecease IS ERRONEOUS AND OVERLY SEARCHING AND VIOLATES THE LAW Savén To THE Dzstaxcz Courr Junges DISCRETION ExpiaINeD IN Coneerrzon v. Uwrten Staves, 142 S. Cx 2364 (202), 2) Waetner tHe QBoan Sct AMONG CouRTS OF APPEALS REgRROTNG , WHETHE IZ A SENTENCING DZSPARLTY CREATED BY NONRETROACTIVE CHANGES TO A MANDATORY SENTENCING SCHEME CAN ConSTITUTE AN EXTRAORDINARY AND ComPEuIng REASON” To GRANT COMPASS TONATE RELEASE UNDER 1B USC. § 3sB2@DEN) DENYING PETITZONER'S BORN 02 ZNDICTED) IN THE DZSTRICT Crecurts THAT say“ No’ E Qual PROTECTIDN THAT OTHER Mue “a PETZTZONERS ARE RECEIVING IN THE CrRcuITS THAT SAY “YES. 3) WuetHer tue Stem Careurr's reversac or A Desreser Sua’ OLSCRETZONAL “OECZSI0N To FIX A UWCONSZTUTZONAL SENTENCE MADE RY THE CouRTS AND THE OFFICER(S) OF THE CouRrT THROUGH THE COMPASSION RELEASE STATUK TS CLERRUT ERLOME OUS ANO WRRLAWTS FURTHER WEVZEW BY THES CourTS, -I

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-01-19
Brief of respondent United States in opposition filed.
2023-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including January 19, 2024.
2023-12-12
Motion to extend the time to file a response from December 20, 2023 to January 19, 2024, submitted to The Clerk.
2023-11-15
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2023.
2023-11-14
Motion to extend the time to file a response from November 20, 2023 to December 20, 2023, submitted to The Clerk.
2023-10-19
Response Requested. (Due November 20, 2023)
2023-10-13
Letter from counsel for petioner submitted.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-05
Waiver of right of respondent United States to respond filed.
2023-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)

Attorneys

Roy Christopher West
Madeline Hennie MethBoston University School of Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent