No. 18-5552

Victoriano Vega-Jimenez, aka Jose Raul Hernandez v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-circuit 18-usc-3582 18-usc-3582(c)(2) circuit-split conflict-with-precedent criminal-sentencing drug-amount drug-quantity drug-sentencing eligibility sentence-reduction sentencing sentencing-guidelines statutory-interpretation ussg-amendment-782
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether the United States, Court of Appeals for the Eleventh Circuit Has Entered a Decision that Is in Conflict with Its Own Precedent and the Decisions of Other United States Court of Appeals on the Same Issue of Eligibility for Reduction of Sentence Pursuant to the USSG Amendment 782 when at the Original Sentencing Hearing No Drug Amount Was Specifically Found by the Sentencing Court? 18 U.S.C. § 3582(c)(2).

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Eleventh Circuit has entered a decision that is in conflict with its own precedent and the decisions of other United States courts of appeals on the same issue of eligibility for reduction of sentence pursuant to the USSG Amendment 782 when at the original sentencing hearing no drug amount was specifically found by the sentencing court?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Victoriano Vega-Jimenez
Victoriano Vega-Jimenez — Petitioner