No. 18-6897

Victor Solorzano Tavia v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release
Key Terms:
FifthAmendment
Latest Conference: 2019-01-04
Question Presented (from Petition)

I. Whether sentence for illegal reentry and sentence for violation
of supervised release should have run concurrent to avoid
double jeopardy clause where same relevant conduct resulted in
conviction and sentence for illegal reentry as well as for
violation of supervised release?

II. Whether district court violated Blakely rule when court sentenced
Petitioner to statutory maximum sentence of 24 months beyond
guidelines sentencing range of 8 to 14 months?

III. Whether district court abused its discretion when it sentenced
Petitioner to statutory maximum (24 months) for Grade C 1
supervised release violation, and sentence run consecutive to
illegal reentry sentence which resulted from same relevant
conduct which was basis for supervised release violation?

Question Presented (AI Summary)

Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-10
Waiver of right of respondent United States to respond filed.
2018-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2019)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Victor Solorzano Tavia
Victor Solorzano Tavia — Petitioner