No. 25-5404

Darren Smith v. United States

Lower Court: Second Circuit
Docketed: 2025-08-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility criminal-procedure mitigation-arguments official-victim-enhancement procedural-error sentencing-guidelines
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a district court commits procedural error when imposing a within-Guidelines sentence without addressing a defendant's mitigation arguments or explaining sentence rejection

Question Presented (OCR Extract)

I. W hether a district court commits procedural error under 18 U.S.C. § 3553, Rita v. United States , 551 U.S. 338 (2007), and Gall v. United States, 552 U.S. 38 (2007), when it imposes a within -Guidelines sentence without addressing the defendant’s nonfrivolous mitigation arguments or explaining its rejection of a different sentence. II. Whe ther a defendant who admits factual guilt at trial as to his offenses of conviction but only proceeds to trial to contest charges on which he is acquitted or is never found guilty, may be categorically denied an acceptance of responsibility reduction under Application Note 2 of § 3E1.1(a)? By its terms, Application Note 2 does not apply to every trial defendant —only those defendants who deny factual guilt, is convicted and only accepts responsibilityafter conviction. III. W hether the official victim enhancement under U.S.S.G. § 3A1.2(a) may be applied absent proof that the knew the victim was a government officer and the offense was motivated by that official status.

Docket Entries

2025-10-06
Petition DENIED.
2025-09-11
DISTRIBUTED for Conference of 9/29/2025.
2025-09-04
Waiver of United States of right to respond submitted.
2025-09-04
Waiver of right of respondent United States to respond filed.
2025-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent