No. 18-7557

Terveus Hyppolite v. United States

Lower Court: Fourth Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 career-offender constitutional-challenge criminal-sentencing due-process rule-of-lenity sentencing-commission sentencing-guidelines statutory-interpretation
Latest Conference: 2019-03-01
Question Presented (from Petition)

Whether Title 18 U.S.C. § 3582(c)(2) is unconstitutional in light of Beckles v. United States, 137 S. Ct. 886, 895 (2017)(holding the guidelines are unambiguiously advisory moving forward), after Congress failed to excise the language "if such a reduction is consistant with applicable policy statements issued by the Sentencing Commission," rendering the application of the Guidelines pursuant to § 3582(c)(2) mandatory ?

Whether the Rule of lenity applies to resolve the conflict in Petitioner's favor precluding him from § 3582(c)(2) Amendment 782 relief based on his "career offender" status, whereas he is no longer a career offender, but has no remedy at law to challenge his erroneous career offender classification ?

Question Presented (AI Summary)

Whether Title 18 U.S.C. § 3582(c)(2) is unconstitutional

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States to respond filed.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Terveus Hyppolite
Terveus Hyppolite — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent