No. 18-7715

Jose Flores v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2
Latest Conference: 2019-03-01
Question Presented (from Petition)

Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule 11(b)(1)(G).

Did the District Court err in denying defendant a minor role reduction to his base offense level under USSG § 3B1.2(b).

Whether the District Court incorrectly attributed a greater drug quantity, since no drugs were ever tested, weighed, or taken into evidence.

Question Presented (AI Summary)

Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule 11(b)(1)(G)

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.
2018-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Jose Flores
Jose Flores — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent