No. 19-5622

Cairo Lopez, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment booker cruel-and-unusual-punishment due-process executive-power mandatory-minimum mandatory-minimum-sentences sentencing separation-of-powers standing
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. This Court should consider whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's prohibition of Cruel and Unusual Punishment, and the doctrine of Separation of Powers.

2. This Court should consider whether statutory mandatory minimum sentences should be advisory and the sentence imposed reviewable for reasonableness.

Question Presented (AI Summary)

Whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's prohibition of Cruel and Unusual Punishment, and the doctrine of Separation of Powers

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Waiver of right of respondent United States of America to respond filed.
2019-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Cairo Lopez
Marina Thais DouenatFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent