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Kinzy v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-578 5th Cir. TBD TBD TBD TBD TBD

Issue: Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Sentencing Guidelines range simply by stating, without explanation, that it would have imposed the same sentence absent the error, or whether, to avoid resentencing, the district court must comply with this court’s clear command in Gall v. United States and Rita v. United States to sufficiently explain why the sentence imposed is warranted even if the Sentencing Guidelines range was wrong.

DateProceedings and Orders (key to color coding)
Oct 11 2023Application (23A338) to extend the time to file a petition for a writ of certiorari from October 24, 2023 to December 22, 2023, submitted to Justice Alito.
Oct 16 2023Application (23A338) granted by Justice Alito extending the time to file until November 27, 2023.
Nov 13 2023Application (23A338) to extend further the time from November 27, 2023 to December 22, 2023, submitted to Justice Alito.
Nov 16 2023Application (23A338) denied by Justice Alito.
Nov 27 2023Petition for a writ of certiorari filed. (Response due December 29, 2023)
Dec 04 2023Waiver of right of respondent United States to respond filed.
Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
Dec 14 2023Response Requested. (Due January 16, 2024)
Jan 09 2024Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
Jan 11 2024Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024.
Feb 06 2024Motion to extend the time to file a response from February 15, 2024 to March 15, 2024, submitted to The Clerk.
Feb 07 2024Motion to extend the time to file a response is granted and the time is further extended to and including March 15, 2024.
Mar 07 2024Motion to extend the time to file a response from March 15, 2024 to April 12, 2024, submitted to The Clerk.
Mar 08 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024.
Apr 12 2024Brief of respondent United States in opposition filed.