statutory-factors

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-6335 Chi Mak v. United States Ninth Circuit 2021-11-18 Denied Response WaivedIFP 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure judicial-review sentencing sentencing-discretion sentencing-factors statutory-factors statutory-interpretation Whether the district court abused its discretion and acted unreasonably in denying Mak's motion for compassionate release
21-6 Lawrence Marano v. The Metropolitan Museum of Art Second Circuit 2021-07-06 Denied Response Waived attribution commercial-use copyright-fair-use copyright-infringement fair-use licensing-market statutory-factors transformative-use Whether The Metropolitan Museum of Art's commercial use of a photograph was sufficiently transformative to warrant fair use
19-5125 Francisco Gallegos-Lopez v. United States Ninth Circuit 2019-07-09 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p…
18-8531 Omar Sharif Beasley v. United States Eighth Circuit 2019-03-22 Denied Response WaivedIFP appellate-review assistance-evaluation court-of-appeals fair-sentencing judicial-discretion reasonableness-of-sentence record-of-reasons record-of-sentencing-reasons sentence-reasonableness sentencing-factors sentencing-guidelines sentencing-guidelines-and-policies statutory-factors statutory-sentencing-factors Did the District Court and Court of Appeals properly consider sentencing guidelines and factors?
18-321 TVEyes, Inc. v. Fox News Network, LLC Second Circuit 2018-09-12 Denied Amici (1) 17-usc-107 campbell-v-acuff-rose commercial-success copyright-law fair-use market-harm second-circuit statutory-factors transformative-use Can the transformative use of a copyrighted work cause a cognizable market harm under 17 U.S.C. 107(4) if it is used in connection with a commercially…