No. 18-5828

Adolfo Lopez-Garcia v. United States

Lower Court: Seventh Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary
Latest Conference: 2018-10-05
Question Presented (from Petition)

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)

Question Presented (AI Summary)

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)

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Adolfo Lopez-Garcia
Adolfo Lopez-Garcia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent