No. 23-7107

Brock Melancon v. United States

Lower Court: Fifth Circuit
Docketed: 2024-03-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure criminal-sentencing deference judicial-deference kisor-v-wilkie sentencing-guidelines statutory-interpretation u.s.-sentencing-commission
Key Terms:
AdministrativeLaw Securities
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Does this Court's decision in Kisor v. Wilkie govern the extent to which district courts may defer to the U.S. Sentencing Commission's commentary to the Guidelines Manual in calculating a criminal defendant's sentencing range?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Does this Court’s decision in Kisor v. Wilkie, 139 8. Ct. 2400 (2019), govern the extent to which district courts may defer to the U.S. Sentencing Commission’s commentary to the Guidelines Manual in calculating a criminal defendant’s sentencing range? (2) Is Application Note 1 to U.S.S.G. § 4B1.2 in the 2018 Guidelines Manual invalid under the Kisor framework? ii RELEATED PROCEEDINGS The following proceedings are directly related to this case: e United States v. Melancon, No. 2:19-CR-119-1, U.S. District Court for the Eastern District of Louisiana. Judgment entered October 27, 2022. e United States v. Melancon, No. 22-30701, U.S. Court of Appeals for the Fifth Circuit. Judgment entered December 28, 2023. ili

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-04-04
Waiver of right of respondent United States of America to respond filed.
2024-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2024)

Attorneys

Brock Melancon
Samantha Jean KuhnFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent