No. 25-7075

Zachary Taylor Bush v. United States

Lower Court: Sixth Circuit
Docketed: 2026-03-20
Status: Pending
Type: IFP
Response WaivedIFP
Tags: downward-departure due-process mental-health-mitigation offense-level-calculation presentence-report sentencing-guidelines
Latest Conference: 2026-04-17
Question Presented (from Petition)

Question I - Was Zach Bush's Sentence Was Procedurally Unreasonable and Violative of Due Process Where the Presentence Report Offense Level Calculation

1) Erroneously Added Four (4) Points for Its Use In Connection with Another Felony Offense Even Though He Was Not Indicted for Such Conduct Nor Did He Admit to Such Conduct When Entering His Plea of Guilty and denied having a firearm at his Sentencing and

2) Erroneously added Two (2) Points for the Use of a Stolen Firearm Even Though He Was Not Indicted for Such Conduct Nor Did He Admit to Such Conduct When Entering His Plea of Guilty and there was only a statement on this in the Report even though Bush denied he had a firearm at his Sentencing?

Question II- Was Zachary Bush's mental condition fully and justly considered in his sentencing and were his efforts at good conduct while incarcerated considered in his sentencing, or was clear evidence of mental health issues on Bush's part ignored such that a request for consideration of that in sentencing as a variance or downward departure was improvidently denied without a ruling on downward departure as to create a procedural and substantive error in his sentence where the trial court significantly departed upward focused on deterrence and punishment?

Question Presented (AI Summary)

Whether a defendant's sentence is procedurally unreasonable and violative of due process where the presentence report erroneously adds offense level points for conduct for which the defendant was not indicted and did not admit guilt, and where the sentencing court fails to adequately consider the defendant's mental health condition and request for downward departure

Docket Entries

2026-04-02
DISTRIBUTED for Conference of 4/17/2026.
2026-03-27
Waiver of United States of right to respond submitted.
2026-03-27
Waiver of right of respondent United States to respond filed.
2026-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2026)

Attorneys

United States
D. John SauerSolicitor General, Respondent
Zachary Bush
Michael Martin LosavioMichael Losavio, Attorney at Law, Petitioner