No. 25-6406

Lawrence Joseph Florentine v. United States

Lower Court: Fourth Circuit
Docketed: 2025-12-18
Status: Pending
Type: IFP
Response WaivedIFP
Tags: appellate-review judicial-discretion legal-error sentencing-guidelines statutory-interpretation variance-sentence
Key Terms:
JusticiabilityDoctri
Latest Conference: 2026-02-20
Question Presented (from Petition)

Does a district court's announcement that it would have imposed the same sentence as an "alternate variance sentence" insulate an erroneous legal ruling from appellate reversal and remand for resentencing, even when the court of appeals agrees the district court committed legal error in applying a statutory sentencing enhancement?

Question Presented (AI Summary)

Does a district court's announcement that it would have imposed the same sentence as an 'alternate variance sentence' insulate an erroneous legal ruling from appellate reversal and remand for resentencing, even when the court of appeals agrees the district court committed legal error in applying a statutory sentencing enhancement?

Docket Entries

2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent United States to respond filed.
2025-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2026)

Attorneys

Lawrence Florentine
Joshua Snow KendrickKendrick & Leonard, P.C., Petitioner
United States
D. John SauerSolicitor General, Respondent