Adolfo Lopez-Garcia v. United States
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a).
Whether there is frivolous issue with regard to Mr. Lopez's sentence.
A review the district court's decision whether to reduce a sentence under §3582(c)(2).
Ill. The disparities of sentence between Mr. Lopez-Garcia and his Codefendants
IV. The District Court Abused its discretion in reducing Appellant's sentence to 135 months rather than 108 months pursuant to the motion for Reduction of Sentence under 18 U.S.C. § 3582(c) where:
Appellant is qualified for such a reduction pursuant to Amendment 782788; the District Court violated the provision of § 3553(a) by imposing a sentence longer than necessary and creating unwarranted sentence disparities among the defendants with similar record who have been found guilty of similar conduct; and
Appellant's sentence of 135 months is both procedurally erroneous and substantively unreasonable. (in alternative the court should had reduced the sentence a list to 120 months regarding the mandatory minimum)
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a)