No. 19-5856

Amando Villarreal Heredia v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 18-usc-3582c2 drug-quantity fed-r-crim-p-11 federal-criminal-procedure federal-rules-of-criminal-procedure guidelines-range modification-proceeding plea-agreement sentence-recalculation sentencing-guidelines sentencing-modification
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-11
Question Presented (from Petition)

QUESTION #1: In a " Modification Proceeding pursuant to 18 U.S.C. § 3582(c)(2)," as to a retroactively applicable amendment
to the U.S. Sentencing Guidelines, may a district court
" make ' new findings of fact,' to ' recalculate drug-
quantity beyond the " high-end ceiling 'sentencing - cliff " of the agreed upon Guidelines range embedded in
a written plea agreement pursuant to Fed.R. Crim. P.-
11(c)(1)(B) to which was accepted by the court at the
original sentencing, as " the basis for it's sentence, "
as opposed to the affirmatively rejected presentence report ?

QUESTION #2: Did the district court effectively transform a Modification
proceeding pursuant to 18 U.S.C. § 3582(c)(2) into a
' full re-sentencing proceeding " in violation of this
Court's decisions in Dillon V. United States (2010),
and Houghes V. United States (2018), when it made "
findings of fact " to which aggrandized the " drug -
quantity " beyond the threshold of agreed upon Guidelines
range in a written plea agreement pursuant to Fed. R. Crim. -
P. 11(c)(1)(B), to which was accepted by the sentencing
court in the " original sentencing " as the basis for it's
sentence as opposed to the affrimatively rejected PSR,
as now, in said modification proceeding, " making use "
of said PSR to deny relief ?

QUESTION # 3: Does Fed. R. Crim. P. 32 apply to a modification proceeding
pursuant to 18 U.S.C. § 3582(c)(2) to which are " not- full resentencing proceedings ? "

QUESTION # 4: Did the Government and the district court breach a plea
agreement entered into by the parties pursuant to Fed.-
R. Crim P. 11(c)(1)(B) and the specific language therein
as to a " recommended Guidelines range "to which was
accepted by the court in the original' sentencing as the
specific basis for it's sentence as opposed to the PSR,
only to " make new findings,' and aggrandize the drug-
quantity not specified in the plain language of such "
during a " sentence modification proceeding pursuant to
18 U.S.C. § 3582(c)(2) ? "

Question Presented (AI Summary)

In a Modification Proceeding pursuant to 18 U.S.C. § 3582(c)(2), may a district court make new findings of fact to recalculate drug-quantity beyond the high-end ceiling sentencing cliff of the agreed upon Guidelines range embedded in a written plea agreement pursuant to Fed.R. Crim. P. 11(e)(4)(B)

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-18
Waiver of right of respondent United States to respond filed.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2019)

Attorneys

Amando Villarreal Heredia
Amando Villarreal Heredia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent