No. 19-7804

Ramon F. Flores v. United States

Lower Court: Sixth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment
Latest Conference: 2020-03-27
Question Presented (from Petition)

In a sentence reduction application matter pursuant to 1 8
U.S.C. § 3582(c)(2) under Amendment 782,to the Sentencing
Guidelines, if a defendant objects to the drug quantity finding
made at sentencing but does not pursue this issue on direct
appeal because the reasonable outcome of a drug quantity appeal,
even if successful in reducing defendant's determined quantity,
would not likely affect defendant's Guideline range - is that
defendant later procedurally barred from appealing the District
Court's original drug quantity determination repeated in the
Denial of Defendant's Sentence Reduction motion when the
reasonable outcome of a drug quantity appeal, if successful
in reducing defendant's determined drug quantity, would now
likely affect the defendant's Guideline range?

Question Presented (AI Summary)

Whether a defendant is procedurally barred from appealing the district court's original drug quantity determination in a sentence reduction application under 18 U.S.C. § 3582(c)(2) when the reasonable outcome of a successful drug quantity appeal would now likely affect the defendant's guideline range

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent United States to respond filed.
2020-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Ramon F. Flores
Ramon F. Flores — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent