No. 18-5108

Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States

Lower Court: First Circuit
Docketed: 2018-07-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence based on unproven allegations, dismissed charges and arrests without proof by a preponderance of the evidence that the underlying conduct occurred.

Question Presented (AI Summary)

Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence based on unproven allegations, dismissed charges and arrests without proof by a preponderance of the evidence that the underlying conduct occurred

Docket Entries

2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2018)

Attorneys

Jaime Davila-Reyes
Jane Elizabeth Lee — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent