No. 24-6309

Timothy DeFoggi v. United States

Lower Court: Eighth Circuit
Docketed: 2025-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment direct-harm extraordinary-circumstances sentence-reduction sentencing-guidelines u.s.c.-3582
Key Terms:
Punishment
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the lower court erred in denying a finding of 'extraordinary and compelling' under U.S. Sentencing Guideline § 1B1.13(b)(6) and in assessing direct harm under the 8th Amendment for sentence reduction

Question Presented (OCR Extract)

1) As applied to Acquitted Conduct, whether the lower court erredin improperly denying a finding of "extraordinary and compelling" under U.S. Sentencing Guideline (USSG) § 1B1.13(b)(6) or, in the alternative, USSG § 1B1.13(b) (5). 2) Whether the lower court erred in its' assessment of direct harm to Petitioner and others through deliberate indifference to adequate medical care as protected under the 8th Amendment to the U.S. Constitution and as may be considered for a reduction in sentence pursuant to U.S. Sentencing Guideline § 1B1.13(b)(5) . 3) Whether the Petitioner was unfairly prejudiced by false and unsupported claims ab initio, thereby depriving Petitioner of a fair and impartial assessment of 18 U.S.C. § 3553(a) factors as they relate to a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A) . i.

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-23
Waiver of United States of right to respond submitted.
2025-01-23
Waiver of right of respondent United States to respond filed.
2024-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2025)

Attorneys

Timothy Defoggi
Timothy R. DeFoggi — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent