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Kinzy v. United States

Certiorari Denied

Petition for certiorari denied on June 24, 2024.

Docket No.23-578
Op. Below5th Cir.

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.

Proceedings & orders timeline

Oct 11, 2023
Application (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, 2023
Application (23A338) granted by Justice Alito extending the time to file until November 27, 2023.
Nov 13, 2023
Application (23A338) to extend further the time from November 27, 2023 to December 22, 2023, submitted to Justice Alito.
Nov 16, 2023
Application (23A338) denied by Justice Alito.
Nov 27, 2023
Petition for a writ of certiorari filed. (Response due December 29, 2023)
Dec 4, 2023
Waiver of right of respondent United States to respond filed.
Dec 6, 2023
DISTRIBUTED for Conference of 1/5/2024.
Dec 14, 2023
Response Requested. (Due January 16, 2024)
Jan 9, 2024
Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
Jan 11, 2024
Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024.
Feb 6, 2024
Motion to extend the time to file a response from February 15, 2024 to March 15, 2024, submitted to The Clerk.
Feb 7, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including March 15, 2024.
Mar 7, 2024
Motion to extend the time to file a response from March 15, 2024 to April 12, 2024, submitted to The Clerk.
Mar 8, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024.
Apr 12, 2024
Brief of respondent United States in opposition filed.
Apr 30, 2024
Reply of petitioner Christopher Kinzy filed.
Jun 4, 2024
DISTRIBUTED for Conference of 6/20/2024.
Jun 24, 2024
Petition DENIED.

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