Jesus Concepcion v. United States

The Second Circuit Court of Appeals erred, in violation of U.S. Const. V and Congress’ intent to provide a streamlined scheme of sentencing review established by the Sentencing Reform Act of 1984, when it denied Concepcion’s constitutional challenges to his condition of supervision as unripe on direct appeal. Its decision is also a departure from the majority view among Courts of Appeals’ decisions that have examined similar issues. This Court should grant certiorari to provide clarity about this reoccurring issue. The Second Circuit also treats a sentencing argument supporting an otherwise preserved claim as an unpreserved, forfeited claim subject to waiver. The Second Circuit’s broad definition of issue waiver is incorrect and inconsistent with this Court’s jurisprudence. This Court should grant certiorari to bring the Second Circuit in line with this Court’s waiver jurisprudence.