No. 18-7910

Richard Fuentes v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act johnson-v-united-states maximum-imprisonment maximum-sentence revocation-sentence sentencing statutory-maximum substantive-reasonableness supervised-release
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-15
Question Presented (from Petition)

Can a prison sentence imposed upon revocation of supervised release ever be substantively reasonable when: 1) it was authorized by virtue of the fact that the defendant was originally sentenced under the Armed Career Criminal Act (ACCA), 2) it exceeds the maximum revocation sentence for a defendant who did not qualify for the ACCA enhancement, 3) the defendant no longer qualifies as an armed career criminal in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and 4) the defendant has already served more time in prison than the non-ACCA aggregate maximum for his original offense and any revocation?

Question Presented (AI Summary)

Can a prison sentence imposed upon revocation of supervised release ever be substantively reasonable when certain conditions are met?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States of America to respond filed.
2019-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)
2019-01-04
Application (18A689) granted by Justice Alito extending the time to file until February 8, 2019.
2018-12-27
Application (18A689) to extend the time to file a petition for a writ of certiorari from January 9, 2019 to February 8, 2019, submitted to Justice Alito.

Attorneys

Richard Fuentes
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent