Question Presented (AI Summary)
Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Guidelines range
Question Presented (OCR Extract)
QUESTION PRESENTED Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Guidelines range simply by stating, without explanation, that it would have imposed the same sentence absent the error (as the Fifth Circuit alone holds); or whether, to avoid resentencing, the district court must comply with this Court’s clear command in Gall v. United States, 552 U.S. 38, 50 (2007), and Rita v. United States, 551 U.S. 338, 350, 356-57 (2007), to sufficiently explain why the sentence imposed is warranted even if the Guidelines range was wrong (as the Third, Sixth, Ninth, and Tenth Circuits hold).
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-04-30
Reply of petitioner Christopher Kinzy filed.
2024-04-12
Brief of respondent United States in opposition filed.
2024-03-08
Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024.
2024-03-07
Motion to extend the time to file a response from March 15, 2024 to April 12, 2024, submitted to The Clerk.
2024-02-07
Motion to extend the time to file a response is granted and the time is further extended to and including March 15, 2024.
2024-02-06
Motion to extend the time to file a response from February 15, 2024 to March 15, 2024, submitted to The Clerk.
2024-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024.
2024-01-09
Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
2023-12-14
Response Requested. (Due January 16, 2024)
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
Waiver of right of respondent United States to respond filed.
2023-11-27
Petition for a writ of certiorari filed. (Response due December 29, 2023)
2023-11-16
Application (23A338) denied by Justice Alito.
2023-11-13
Application (23A338) to extend further the time from November 27, 2023 to December 22, 2023, submitted to Justice Alito.
2023-10-16
Application (23A338) granted by Justice Alito extending the time to file until November 27, 2023.
2023-10-11
Application (23A338) to extend the time to file a petition for a writ of certiorari from October 24, 2023 to December 22, 2023, submitted to Justice Alito.