No. 20-6124

Jose Maria Loaiza-Gaspar v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines
Latest Conference: 2020-12-04
Question Presented (from Petition)

My Sentence of LIFE imprisonment was imposed without the trial court addressing my non-frivolous argument for a lower sentence. On appeal, the Court of Appeals concurred with appointed counsel's assessment that the appeal presented no nonfrivolous issues for appellate review. The court granted counsel's motion to withdraw and dismissed my appeal whether I sufficiently preserved the "particular" substantive reasonableness argument, that the Guideline LIFE sentence is unreasonable.

Whether I Sufficiently Preserved the Particular Substantive-reasonableness argument, that the Guideline LIFE sentence is unreasonable.

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Sixth Circuit abused its discretion when it granted appointed counsel's motion to withdraw and dismissed the petitioner's appeal, holding that the appeal presented no non-frivolous issues for appellate review

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States to respond filed.
2020-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2020)

Attorneys

Jose Loaiza-Gaspar
Jose Maria Loaiza-Gaspar — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent