No. 24-6260

Chris Walker v. United States

Lower Court: Fifth Circuit
Docketed: 2025-01-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: fair-sentencing-act fifth-circuit-standard first-step-act intervening-changes legal-review sentencing-reduction
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Is the Fifth Circuit's definition of a 'complete review' under Section 404 consistent with this Court's decision in Concepcion?

Question Presented (OCR Extract)

The Fifth Circuit Court of Appeals held that a district court did not need to consider the merits of a defendant’s motion for sentence reduction under Section 404 of the First Step Act because the district court had already provided the defendant with a “complete review” of a previous motion. However, the district court’s previous denial relied upon the now -abrogated Fifth Circuit standard that a court plac e itself in the time frame of the original sentencing, altering the relevant legal landscape only by the changes mandated by the 2010 Fair Sentencing Act, and therefore the district court refused to consider the defendant’s arguments about intervening changes of law and fact . Is the Fifth Circuit ’s definition of a “complete review” under Section 404 consistent with this Court’s decision in Concepcion?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Waiver of United States of right to respond submitted.
2025-01-22
Waiver of right of respondent United States to respond filed.
2025-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2025)

Attorneys

Chris Walker
Dustin TalbotFederal Public Defender, Petitioner
Dustin TalbotFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent