No. 18-8632

Marcos Lopez-Guzman v. United States

Lower Court: Fourth Circuit
Docketed: 2019-03-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 appellate-review criminal-sentencing judicial-discretion plain-error retroactivity sentencing-guidelines sentencing-guidelines-reduction,18-usc-3582,amendm sentencing-reduction statutory-interpretation
Latest Conference: 2019-04-26
Question Presented (from Petition)

Whether the United States Court of Appeals committed a clear error denying Appellant's two-level reduction pursuant to § 3582(C)(2) and Amendment 782;and was made retroactive pursuant to Amendment 788.

Whether the United States Court of Appeals, comitted plain error by not addressing the written memorarialization set forth in 18 •U.S.C. § 3553(C)(2)7. Failing to address an enhancement of 18 Months, without any explaination. Id. At 18 U.S.C. § 3553(C)(2)?.

The United States Court of Appeals, and U.S. District Court did not took into account, § 3553(a), the nature and circumstances of the offense and the history and characteristics of defendant, § 3553(a)(1)'Z.

Question Presented (AI Summary)

Whether the United States Court of Appeals committed a clear error in denying Appellant's two-level reduction pursuant to § 3582(C)(2) and Amendment 782

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-05
Waiver of right of respondent United States to respond filed.
2018-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)

Attorneys

Marcos Lopez-Guzman
Marcos Lopez-Guzman — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent