No. 20-5715

Martin Rogelio Longoria v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-16
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines
Latest Conference: 2021-03-19 (distributed 3 times)
Question Presented (from Petition)

Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the ground that the defendant proceeded to a hearing on a motion to suppress evidence.

Question Presented (AI Summary)

Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the ground that the defendant proceeded to a hearing on a motion to suppress evidence

Docket Entries

2021-03-22
Petition DENIED. Statement of Justice Sotomayor, with whom Justice Gorsuch joins, respecting the denial of certiorari. (Detached Opinion)
2021-03-15
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-10
Reply of petitioner Martin Longoria filed. (Distributed)
2021-01-29
Brief of respondent United States in opposition filed.
2020-11-25
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2021.
2020-11-24
Motion to extend the time to file a response from December 4, 2020 to February 2, 2021, submitted to The Clerk.
2020-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
2020-11-09
Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
2020-10-05
Response Requested. (Due November 4, 2020)
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-21
Waiver of right of respondent United States to respond filed.
2020-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2020)

Attorneys

Martin Longoria
Scott Andrew MartinFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent