No. 18-5373
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing due-process guidelines guidelines-range harmless-error judicial-error molina-martinez-v-us rosales-mireles-v-us sentencing sentencing-guidelines substantial-rights
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2018-09-24
Question Presented (from Petition)
DEFENDANT SEEKS THIS SUPREME COURT'S REVIEW OF HIS ABOVE GUIDELINES SENTENCE IMPOSED WITHIN AN INCORRECT GUIDELINES RANGE UTILIZING "ADDITIONAL EVIDENCE" WHICH SEVERLY AFFECTS PETITIONER'S SUBSTANTIAL RIGHTS IN LIGHT OF THE RULING IN MOLINA-MARTINEZ V. U.S., 578 U.S. 136 S.CT. 1338, 194 L.ED. 444 (2016); ROSALES-MIRELES V. U.S. 2018 BL 214344 U.S. NO. 16-9493 (JUNE 18, 2018).
Question Presented (AI Summary)
Whether the defendant's substantial rights were affected by the district court's use of 'additional evidence' in imposing a guidelines sentence within an incorrect guidelines range
Docket Entries
2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondent United States to respond filed.
2018-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)
Attorneys
Otis Sykes
Otis Sykes — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent