U.S. Supreme Court Orders

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted limited to the following Questions: 1) Was the district court's choice of below-Guidelines sentence reasonable? 2) In making that determination, is it consistent with United States v. Booker, 543 U.S. 220 (2005) , to require that a sentence which constitutes a substantial variance from the Guidelines be justified by extraordinary circumstances?

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted limited to the following Questions: 1) Was the district court's choice of within-Guidelines sentence reasonable? 2) In making that determination, is it consistent with United States v. Booker, 543 U.S. 220 (2005) , to accord a presumption of reasonableness to within-Guidelines sentences? 3) If so, can that presumption justify a sentence imposed without an explicit analysis by the district court of the 18 U.S.C. §3553(a) factors and any other factors that might justify a lesser sentence?