No. 19-8385

Enrique Lopez Quintero v. United States

Lower Court: Ninth Circuit
Docketed: 2020-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender criminal-procedure federal-rules-of-criminal-procedure hughes-v-united-states plea-agreement sentence-reduction sentencing-guidelines type-c-agreement
Latest Conference: 2020-05-28
Question Presented (from Petition)

l.Is a sentence imposed pursuant to a Type-C agreement, Fed. R. Crim. P. 11(c)(1)(C), is based on the defendant's United States Sentencing Guidelines range if the district court judge used that range as part of the framework to relied on in imposing the sentence or accepting the plea agreement?

2. if yes; Is a defendant who enters into a Fed. R. Crim. P. 11(c)(1)(C) plea agreement eligible for a sentence reduction under 18 U.S.C. 53582(c)(2) motion in the district court, if there is a later, retroactive amendment to the relevant Sentencing Guidelines range, even if the defendant is a career non violent offender as this Court held in Hughes v. United States, 138 S.C. 1765, 201 L.Ed.2d 72 (2018)?

Question Presented (AI Summary)

Is a sentence imposed pursuant to a Type-C agreement, Fed. R. Crim. P. 11(c)(1)(C), based on the defendant's United States Sentencing Guidelines range if the district court judge used that range as part of the framework to impose the sentence or accept the plea agreement?

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-07
Waiver of right of respondent United States to respond filed.
2020-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2020)

Attorneys

Enrique Lopez Quintero
Enrique Quintero — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent