No. 24-6803

Vincent Giattino v. United States

Lower Court: Second Circuit
Docketed: 2025-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cruel-unusual-punishment due-process plea-deal sentencing-relief sixth-amendment trial-penalty
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Whether the lower courts erred in not finding an 'extraordinary reason' for sentencing relief under 18 U.S.C. Section 3582 based on an alleged unconstitutional trial penalty

Question Presented (OCR Extract)

The novel question of national significance in criminal cases presented to this Court is: 1. Whether the lower courts erred in not finding that an “extraordinary reason” existed to provide sentencing relief under 18 U.S.C. Section 3582 based upon Petitioner’s five concurrent life sentences with a consecutive thirty year sentence after being offered a Pre -Guidelines pretrial plea deal of ten years (to serve 3 to 4 years) as an unconstitutional trial penalty was imposed in violation of the Sixth Amendment Right to Trial, Fifth and Fourteenth Amendment Right to Due Process and Eighth Amendment Prohibition Against Cruel and Unusual Punishment?

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-25
Waiver of United States of right to respond submitted.
2025-03-25
Waiver of right of respondent United States to respond filed.
2025-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Vincent Giattino
John Vincent SaykanicAttorney at Law, Petitioner
John Vincent SaykanicAttorney at Law, Petitioner