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Robert R. Davies v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2113 · judgment August 17, 2018


Certiorari denied · February 25, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A criminal sentence is a package of sanctions that the district court utilizes to effectuate its sentencing intent, but a district court's original sentencing1- iii .. .,e AIueIiiIIIIeu uy auein uiie pui i.ioII ul the calculus. See Pepper v. United States, 131 S.Ct. 1229, 1251 (2011). If a district court cannot properly determine whether, considering all sentencing factors, including the correct Guidelines range, a sentence is "sufficient, but not greater than necessary," 18 U.S.C. §3553(a), the resulting sentence would not bear the reliability that would support a "presumption of reasonableness" on review. See Gall v. United States, 552 U.S. 38, 51 (2007). And regardless of its ultimate reasonableness, a sentence that lacks reliability because of unjust procedures may well undermine public W .-4' CiLWp1uii UI UAiC iOCCUIiA. JCC i1UOUiC.D Mireles v. United States, 138 S.Ct. 1897, 1903 (2018). The question presented is whether, and to what extent, a sentence that lacks reliability because of unjust procedures satisfies the "interest of justice" prong of 18 U.S.C. §3583(e)(1).

Counsel of record

For petitioner
Robert R. Davies

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A425

Proceedings

  1. Feb 25 2019
    Petition DENIED.
  2. Feb 15 2019
    Supplemental brief of petitioner Robert R. Davies filed. (Distributed)
  3. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  4. Jan 28 2019
    Waiver of right of respondent United States to respond filed.
  5. Jan 12 2019
    Petition for a writ of certiorari filed. (Response due February 15, 2019)
  6. Oct 24 2018
    Application (18A425) granted by Justice Alito extending the time to file until January 14, 2019.
  7. Oct 16 2018
    Application (18A425) to extend the time to file a petition for a writ of certiorari from November 15, 2018 to January 14, 2019, submitted to Justice Alito.