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David Greenberg v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1768 · judgment May 16, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

Did the Second Circuit err in affirming Petitioner David Greenberg’s sentence without addressing (1) the sentencing court’s failure to consider the proper weight to be given Greenberg’s breach of his cooperation agreement and the sentences of other defendants in order to locate its sentence within the “boundaries of reasonableness” and (2) the unwarranted disparity of Greenberg’s 180-month sentence, a sentence more than double that imposed on any other defendant, without adequate explanation and without consideration of those other sentences?

Counsel of record

For petitioner
Clinton Warren Calhoun III
Calhoun & Lawrence, LL P

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 04 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 26 2019
    Waiver of right of respondent United States to respond filed.
  4. Aug 14 2019
    Petition for a writ of certiorari filed. (Response due September 16, 2019)