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Cornell Slater v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 23-4381 · judgment July 30, 2024


Certiorari denied · October 14, 2025

Questions presented

  1. Whether the Court of Appeals opinion is in direct contravention of this Court's holdings in Peugh v. United States, 569 U.S. 530, 541 (2013); and Rosales-Mireles v. United States, 138 S. Ct. 1897 .(2018), when it allowed the district court to nullify the guidelines by way of a simple assertion that any latent errors in the guidelines calculation would make no difference to the choice of sentence? Such inoculating statements cannot override Section 3553(a)(4)(A), or this Court's holdings in Rita v. United States, 551 U.S. 338 (2007); Gall v. United States, 552 U.S. 38 (2007); Peugh v,' United States, 569 U.S. 530 (2013); and Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018)

  2. Whether, should this Court find that district court's can use inoculating statements, such as "if there are any errors in the guidelines calculations it would make no difference to the choice of the sentence," to nullify the use of the guidelines, is there a criteria to ensure the court is midful of the guidelines in imposing it's sentence?

Counsel of record

For petitioner
Cornell Slater

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 14 2025
    Petition DENIED.
  2. Sep 25 2025
    DISTRIBUTED for Conference of 10/10/2025.
  3. Sep 08 2025
    Brief of respondent United States in opposition filed.
  4. Jul 30 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2025.
  5. Jul 29 2025
    Motion to extend the time to file a response from August 8, 2025 to September 8, 2025, submitted to The Clerk.
  6. Jul 10 2025
    Motion to extend the time to file a response is granted and the time is extended to and including August 8, 2025.
  7. Jul 09 2025
    Motion to extend the time to file a response from July 9, 2025 to August 8, 2025, submitted to The Clerk.
  8. Jun 09 2025
    Response Requested. (Due July 9, 2025)
  9. May 28 2025
    DISTRIBUTED for Conference of 6/12/2025.
  10. May 23 2025
    Waiver of right of respondent United States to respond filed.
  11. Sep 24 2024
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2025)