No. 18-6150

Noel Aquino-Florenciani v. United States

Lower Court: First Circuit
Docketed: 2018-10-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release
Latest Conference: 2018-10-26 (distributed 2 times)
Question Presented (from Petition)

Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a compelling justification

The district court abused its discretion when it used the child pornography guidelines in determining Petitioner's sentence. Because the child pornography guidelines operate so that almost all first-time offenders receive guideline sentences at, near or extending beyond the statutory maximum, use of the guidelines to fashion a just and fair sentence is unreasonable and an abuse of the sentencing court's discretion

Question Presented (AI Summary)

Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a compelling justification

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Waiver of right of respondent United States to respond filed.
2018-10-01
Motion (18M14) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2018-07-18
MOTION (18M14) DISTRIBUTED for Conference of 9/24/2018.
2018-07-11
Motion (18M14) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2018-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2018)

Attorneys

Noel Aquino-Florenciani
Jane Elizabeth Lee — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent