No. 19-5472

Martin Avalos-Rico, aka Rolando Blanco-Garcia, aka Oscar Cruz-Tulum, aka Alejandro Tamayo v. United States

Lower Court: Eighth Circuit
Docketed: 2019-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split deportable-offender due-process geographic-disparity immigration immigration-sentencing reentry-offense sentencing-discretion sentencing-guidelines sentencing-reform-act supervised-release
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection, as the Third, Sixth, and Tenth Circuits hold; whether that provision is "hortatory" with no legal force, as the Fifth and Eighth Circuits hold; or whether Guidelines § 5D1.1(c) requires findings that can be satisfied by articulated support for the broader sentence, as the Second, Fourth and Ninth Circuits seem to hold.

2. Whether a presumption of reasonableness attends a sentence within a range established by Guidelines § 2L1.2, as amended in 2016, despite (i) evidence that the ranges established by the former § 2L1.2 seldom controlled sentences actually imposed on reentry offenders and (ii) suggestions of a longstanding and significant geographic disparity in reentry sentences that Guideline does not address.

3. Whether a district court reversibly errs at sentencing by pronouncing only that its sentence is "based on the Sentencing Reform Act of '84 and considering the provisions of 18 U.S.C. § 3553."

Question Presented (AI Summary)

Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection

Docket Entries

2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-14
Waiver of right of respondent United States of America to respond filed.
2019-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2019)

Attorneys

Martin Avalos-Rico
Ryan Kent CulpepperCulpepper Law Firm, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent