No. 24-6827

Charles Anthony Giovinco v. Caryn Flowers, Warden

Lower Court: Second Circuit
Docketed: 2025-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: agency-deference concurrent-sentences first-step-act recidivism-reduction statutory-interpretation time-credits
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Whether a prisoner serving concurrent sentences for both eligible and ineligible offenses is eligible for First Step Act time credits under 18 U.S.C. § 3632(d)(4)

Question Presented (OCR Extract)

is whether a prisoner convicted of both an eligible and inelig ible offense, who (i) finished serving the sentence imposed on the ineligible offense , and (ii) is serving out only the concurrent sentence imposed on his eligible offense, is eligible for time credits. The second question presented is whether , in a case shaped by Chevron but decided after Loper Bright , the Second Circuit’s uncritical acceptance of an agency’s interpretation of the FSA, amounting to deference in fact if not in name , violates Loper Bright ’s clear mandate and spirit.

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-25
Waiver of Federal Party of right to respond submitted.
2025-03-25
Waiver of right of respondent Federal Party to respond filed.
2025-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2025)

Attorneys

Charles Anthony Giovinco
John Richard QuinnLaw Office of John R. Quinn, Petitioner
John Richard QuinnLaw Office of John R. Quinn, Petitioner
Federal Party
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent