No. 18-9459

Trinidad Nanez-Rivera v. United States

Lower Court: Tenth Circuit
Docketed: 2019-05-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure criminal-sentencing due-process federal-common-law mitigating-circumstances sentencing sentencing-guidelines sentencing-review substantive-reasonableness tenth-circuit within-guideline-sentences within-range-sentence
Latest Conference: 2019-10-01
Question Presented (from Petition)

Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera's sentence near the top of the range for a prison assault -- for which there were mitigating circumstances and that produced minimal injuries as compared to other assaults resulting in bodily injury under the guidelines -- substantively unreasonable?

Question Presented (AI Summary)

Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera's sentence near the top of the range for a prison assault -- for which there were mitigating circumstances and that produced minimal injuries as compared to other assaults resulting in bodily injury under the guidelines -- substantively unreasonable?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-11
Waiver of right of respondent United States to respond filed.
2019-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)
2019-03-18
Application (18A938) granted by Justice Sotomayor extending the time to file until May 21, 2019.
2019-03-14
Application (18A938) to extend the time to file a petition for a writ of certiorari from March 21, 2019 to May 21, 2019, submitted to Justice Sotomayor.

Attorneys

Trinidad Nanez-Rivera
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent