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Adaucto Chavez-Meza v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 16-2062 · judgment April 14, 2017

Decided · June 18, 2018

Question presented

When a district court decides not to grant a proportional sentence reduction under 18 U.S.C. § 3582(c)(2), must it provide some explanation for its decision when the reasons are not otherwise apparent from the record, as the United States Courts of Appeals for the Sixth, Eighth, Ninth, and Eleventh Circuits have held, or can it issue its decision without any explanation whatsoever so long as it is issued on a pre-printed form order containing boilerplate language providing that the court has "tak[en] into account the policy statement set forth at U.S.S.G. § lBl.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable," as the Courts of Appeals for the Fourth, Fifth and Tenth Circuits have held? JUSTICE GORSUCH TOOK NO PART. ORDER OF MARCH 3, 2018. TODD A. COBERLY, SANTA FE, NEW MEXICO, APPOINTED TO SERVE AS COUNSEL FOR PETITIONER. JUSTICE GORSUCH TOOK NO PART.

Counsel of record

For petitioner
Todd A. Coberly

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 4 conferences

Amicus briefs
2 merits
(2 supporting pet./neither)

Argument & decision

Argued April 23, 2018 — Todd A. Coberly · Rod J. Rosenstein. Audio and transcript

Decided June 18, 2018. Opinion by Breyer.

Proceedings

  1. Aug 29 2018
    The record from the U.S.C.A. 10th Circuit has been returned.
  2. Jul 20 2018
    JUDGMENT ISSUED.
  3. Jun 18 2018
    Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, and Alito, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.
  4. Apr 23 2018
    Argued. For petitioner: Todd A. Coberly, Santa Fe, N. M. (Appointed by this Court.) For respondent: Rod J. Rosenstein, Deputy Attorney General, Department of Justice, Washington, D. C.
  5. Apr 13 2018
    Reply of petitioner Adaucto Chavez-Meza filed. (Distributed)
  6. Apr 03 2018
    Record received from the U.S.C.A. 10th Circuit. (1 Envelope)
  7. Mar 30 2018
    Record requested from the U.S.C.A.10th Circuit.
  8. Mar 28 2018
    Brief of respondent United States filed. (Distributed)
  9. Mar 26 2018
    Motion for leave to file Volume II of the joint appendix under seal GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
  10. Mar 07 2018
    CIRCULATED
  11. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  12. Mar 05 2018
    Motion to appoint counsel filed by petitioner GRANTED, and Todd A. Coberly, Esquire, of Santa Fe, New Mexico, is appointed to serve as counsel for the petitioner in this case. Justice Gorsuch took no part in the consideration or decision of this motion.
  13. Mar 05 2018
    Brief amicus curiae of Center on the Administration of Criminal Law filed.
  14. Mar 05 2018
    Brief amici curiae of National Association of Criminal Defense Lawyers and National Association of Federal Defenders filed. (Distributed)
  15. Feb 27 2018
    Blanket Consent filed by Petitioner, Adaucto Chavez-Meza
  16. Feb 26 2018
    Brief of petitioner Adaucto Chavez-Meza filed (to be corrected and reprinted).
  17. Feb 26 2018
    Brief of petitioner Adaucto Chavez-Meza filed (Corrected brief received 3/26/18). (Distributed)
  18. Feb 26 2018
    Joint appendix (Volume 1) filed.
  19. Feb 26 2018
    Motion for leave to file Volume II of the joint appendix under seal filed by petitioner Adaucto Chavez-Meza.
  20. Feb 23 2018
    SET FOR ARGUMENT on Monday, April 23, 2018.
  21. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  22. Jan 16 2018
    Motion to appoint counsel filed by petitioner Adaucto Chavez-Meza.
  23. Jan 12 2018
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Justice Gorsuch took no part in the consideration or decision of this petition.
  24. Jan 08 2018
    DISTRIBUTED for Conference of 1/12/2018.
  25. Dec 07 2017
    DISTRIBUTED for Conference of 1/5/2018.
  26. Dec 01 2017
    Reply of petitioner Adaucto Chavez-Meza filed.
  27. Nov 17 2017
    Brief of respondent United States in opposition filed.
  28. Sep 26 2017
    Order further extending time to file response to petition to and including November 17, 2017.
  29. Sep 15 2017
    Order extending time to file response to petition to and including October 18, 2017.
  30. Aug 14 2017
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2017)
  31. Jul 10 2017
    Application (17A45) granted by Justice Sotomayor extending the time to file until August 14, 2017.
  32. Jul 01 2017
    Application (17A45) to extend the time to file a petition for a writ of certiorari from July 13, 2017 to August 14, 2017, submitted to Justice Sotomayor.