No. 20-1807

Dontour D. Drakes v. United States

Lower Court: Fifth Circuit
Docketed: 2021-06-28
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 18-usc-3582 18-usc-3582c2 amendment-782 career-offender criminal-sentencing retroactive-amendment sentencing-guidelines substantial-assistance united-states-v-hughes
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (from Petition)

1. WHETHER A CAREER OFFENDER WHO PROVIDED SUBSTANTIAL ASSISTANCE WHOSE SENTENCING JUDGE-VARIED FROM THE INITIAL INTRODUCED CAREER OFFENDERS IS THE JUDGE'S CONCLUDED GUIDELINE RANGE THE NEW STARTING GUIDELINES POINT FOR PURPOSES OF AMENDMENT 782 (minus two levels) PARALLELED WITH UNITED STATES V. HUGHES, 138 S. Ct. 1765, 1776-77 (2018) THUS ELIGIBLE UNDER 18 U.S.C. § 3582(c)(2) FOR CONSIDERATION FOR THE MINUS TWO LEVELS?

DOES HUGHES', Id., HOLDING APPLY TO CASES WHERE THE SENTENCING JUDGE VARIED FROM THE INITIAL INTRODUCED CAREER OFFENDER GUIDELINE RANGE OR CATEGORY BASED ON SUBSTANTIAL ASSISTANCE AND SETTLED IN A LOWER GUIDELINE RANGE OR CATEGORY; IS THE CONCLUDED DEPARTED GUIDELINE RANGE OR CATEGORY THE DEFENDANTS' NEW STARTING POINT FOR PURPOSES OF THE MINUS TWO LEVELS UNDER AMENDMENT 782 GIVEN 18 U.S.C. § 3582 (c)(2) DOES NOT PROHIBIT REDUCTIONS BASED ON RETROACTIVE AMENDMENTS IN SUBSTANTIAL ASSISTANCE CASES?

Question Presented (AI Summary)

Whether a career offender who provided substantial assistance is eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on the judge's concluded guideline range rather than the initial career offender guideline range

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-12
Waiver of right of respondent United States to respond filed.
2021-06-28
Motion (20M102) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-06-08
MOTION (20M102) DISTRIBUTED for Conference of 6/24/2021.
2021-03-02
Motion (20M102) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-03-02
Petition for a writ of certiorari filed. (Response due July 28, 2021)

Attorneys

Dontour D. Drakes
Dontour D. Drakes — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent