Okoro v. United States - Response (Hold)

No. 06-1375

In the Supreme Court of the United States

CHIJIOKE VICTOR OKORO, AKA VICTOR OKORO
AKA CHIJI V. OKORO, PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

PAUL D. CLEMENT
Solicitor General
Counsel of Record
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217

In the Supreme Court of the United States

No. 06-1375

CHIJIOKE VICTOR OKORO, AKA VICTOR OKORO
AKA CHIJI V. OKORO, PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

Petitioner contends that, on review pursuant to United States v. Booker, 543 U.S. 220 (2005), a federal court of appeals should not treat a sentence within the advisory Sentencing Guidelines range as presumptively reasonable. On November 3, 2006, this Court granted certiorari in Claiborne v. United States, No. 06-5618, and Rita v. United States, No. 06-5754, to address vari ous aspects of sentencing procedure under Booker, in cluding, in Rita, whether it is consistent with Booker to accord a presumption of reasonableness to within-Guide lines sentences. Accordingly, the petition for a writ of certiorari should be held pending the Court's resolution of Claiborne and Rita, and then disposed of as appropri ate in light of the decisions in those cases.1

Respectfully submitted.

PAUL D. CLEMENT
Solicitor General

MAY 2007

1 The government waives any further response to the petition unless this Court requests otherwise.