No. 18-9085
Juan Antonio Hunter v. United States
Response WaivedIFP
Tags: acceptance-of-responsibility base-offense-level criminal-appeal criminal-procedure-sentencing criminal-sentencing district-court-discretion federal-sentencing-guidelines first-step-act sentencing-guidelines statutory-maximum u.s.s.g.-5g1.1(a)
Latest Conference:
2019-05-30
Question Presented (from Petition)
WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION BY DEDUCTING THE THREE POINTS AWARDED THE PETITIONER FOR HIS ACCEPTANCE OF RESPONSIBILITY WHEN THOSE POINTS WERE DEDUCTED FROM THE BASE OFFENSE LEVEL RATHER THAN THE STATUTORY MAXIMUM SENTENCE ADOPTED IN U.S.S.G. § 5G1.1(a)?
WHETHER THE "FIRST STEP ACT" OF 2018 REQUIRES RESENTENCING OF THE PETITIONER SINCE IT WAS ENACTED DURING HIS DIRECT APPEAL?
Question Presented (AI Summary)
Whether the district court abused its discretion by deducting the three points awarded the petitioner for his acceptance of responsibility when those points were deducted from the base offense level rather than the statutory maximum sentence adopted in U.S.S.G. § 5G1.1(a)
Docket Entries
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-10
Waiver of right of respondent United States to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)
Attorneys
Juan Antonio Hunter
Juan Antonio Hunter — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent