No. 18-5913
Alfonso Escobedo Garcia v. United States
Response WaivedIFP
Tags: circuit-split criminal-procedure empirical-basis fifth-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness reasonableness-review second-circuit sentencing-commission sentencing-guidelines
Latest Conference:
2018-10-05
Question Presented (from Petition)
Is a sentence imposed under the methamphetamine sentencing guideline–a guideline crafted without benefit of Sentencing Commission expertise or empirical basis–entitled to a presumption of reasonableness? The Fifth Circuit concluded as much. But its basis for doing so–that a guideline enjoys a presumption of reasonableness regardless of its lack of empirical basis or its promulgation without benefit of Sentencing Commission expertise–conflicts with the Second Circuit's approach to review of sentences under such a guideline.
Question Presented (AI Summary)
Is a sentence imposed under the methamphetamine sentencing guideline entitled to a presumption of reasonableness?
Docket Entries
2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent United States to respond filed.
2018-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2018)
Attorneys
Alfonso Escobedo Garcia
Jerry V. Beard — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent