No. 18-5644
Gesner Delva, aka Ti Blan v. United States
Response WaivedIFP
Tags: 18-usc-3582 appellate-review circuit-court-precedent court-of-appeals criminal-sentencing district-court due-process equal-protection judicial-discretion precedent sentence-reduction sentencing-guidelines statutory-interpretation
Latest Conference:
2018-09-24
Question Presented (from Petition)
Whether the Court of Appeals for the Second Circuit Contrary to Its Own Precedent Affirmed the District Court's Judgment Order Whereby Denying the Petitioner's Eligibility for Sentence Reduction Under § 3582(c)(2). Although No Drug Quantity Was Ever Used to Determine the Petitioner's Sentence, the District Court Found that the Petitioner Was Not Eligible under 18 U.S.C. § 3582.
Question Presented (AI Summary)
Whether the Court of Appeals for the Second Circuit Contrary to Its Own Precedent Affirmed the District Court's Judgment Order Whereby Denying the Petitioner's Eligibility for Sentence Reduction Under § 3582(c)(2)
Docket Entries
2018-10-01
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
Waiver of right of respondent United States to respond filed.
2018-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)
Attorneys
Gesner Delva
Gesner Delva — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent