No. 20-5326

Jose Alonso Garcia v. United States

Lower Court: Eighth Circuit
Docketed: 2020-08-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment career-offender categorical-approach due-process fifth-amendment fourteenth-amendment plain-error sentencing sentencing-guidelines
Latest Conference: 2020-09-29
Question Presented (from Petition)

Were Mr. Garcia Due Process Rights violated under the Fifth and Fourteenth Amendment when he was:
A.) Incorrectly sentenced under U.S.S.G. 4Bl-2(c) Term used in section 4B1.1 Career Offender.
B.) Double counting of the instant offense of aiding and abetting was an abuse of discretion, failure to correct plain U.S.S.G. error that affected Mr. Garcia's substantial rights seriously affected the fair, integrity and public reputation of judicial proceesings
C.) The P.S.I. in plain error attribute aiding and abetting as a previous prior conviction U.S.S.G. 4A1.1 incorrectly.

Were Mr. Garcia Due Proces Rights violated under the Fifth and Fourteenth Amendment, when he was:
A.) Determined by the District Court that Mr. Garcia qualified as a career offender pursuant to U.S.S.G. § 4Bl-l(a) because he had one prior conviction for "crime of violence" Arkansas Code § 5-2-403 and 5-13-202. Accomplice to second degree battery. Determining the statute of conviction and its Elements.
B.) Government abuse its discretion when they applied modifiedo categorical approach and use the "Shepard documents" material — surrounding his 2008 conviction are inconclusive.
C.) Compared the elements of the statute of conviction to the definition .

Were Mr. Garcia 's Due Process Rights violated under the Fifth, Sixth, and Fourteenth Amendments when he was:
A.) Denied motion for Retest when defense of counsel for Mr. Garcia fail to give reasonable explanation why a retest was needed.
B.) The D.E.A. Chemical Analysis Report on the exhibit report was The laboratory accepted the evidence on 5/24/2016 and it shows a gross weight 87-2g which is incorrectly with the siezed in relation to Mr. Garcia in count three indicates a grossinaccurate . weight of 55.453 g
C.) Use of actual methamphetamine Guideline the court should have the methamphetamine mixture guidelines rather than actual in determining his sentencing range that there is no longer an empirical ratio for actual (or ice) methamphetamine versus mixture of methamphetamine.use

Question Presented (AI Summary)

Were Mr. Garcia's Due Process Rights violated under the Fifth and Fourteenth Amendment

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-17
Waiver of right of respondent United States to respond filed.
2020-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2020)

Attorneys

Jose Alonso Garcia
Jose A. Garcia — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent