No. 24-7149

Samuel James Weaver v. United States

Lower Court: Sixth Circuit
Docketed: 2025-05-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-split federal-courts judicial-interpretation sentencing-guidelines standard-of-review
Latest Conference: 2025-06-05
Question Presented (AI Summary)

What standard of review should apply when a district court applies a federal sentencing guideline to undisputed facts?

Question Presented (OCR Extract)

This case presents an important and long-standing question of appellate review that has divided the circuits and impacts countless defendants: What standard of review should apply when a district court applies a federal sentencing guideline to undisputed facts? In Buford v. United States , 532 U.S. 59 (2001) , this Court interpreted the “due deference” language in 18 U.S.C. § 3742(e) to require a deferential standard of review. But in United States v. Booker , 543 U.S. 220 (2005) , this Court excised § 3742(e) when it made the Sentencing Guidelines advisory. Since then, the circuits have taken different views on whether § 3742(e) continues to require deferential review or whether de novo review applies. The proper standard of review is a question of exceptional importance, and this case presents an ideal opportunity for the Court to provide much -needed clarity.

Docket Entries

2025-06-06
Petition DENIED.
2025-05-21
DISTRIBUTED for Conference of 6/5/2025.
2025-05-15
Waiver of United States of right to respond submitted.
2025-05-15
Waiver of right of respondent United States to respond filed.
2025-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2025)
2025-02-24
Application (24A816) granted by Justice Kavanaugh extending the time to file until May 4, 2025.
2025-02-20
Application (24A816) to extend the time to file a petition for a writ of certiorari from March 5, 2025 to May 4, 2025, submitted to Justice Kavanaugh.

Attorneys

Samuel Weaver
Conrad Benjamin KahnFederal Defender Services of Eastern Tennessee, Petitioner
United States
D. John SauerSolicitor General, Respondent