No. 20-7010

Israel Santiago-Lugo v. United States

Lower Court: First Circuit
Docketed: 2021-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines
Latest Conference: 2021-03-19
Question Presented (from Petition)

1) WHETHER THE SENTENCE WAS IMPOSED UNDER U.S.S.G. §2Dl.l(c)
TO ESTABLISH THE BASE OFFENSE, THE GUIDELINES ARE IN REAL
SENSE THE BASIC FOR THE SENTENCE TO APPLY THE AMENDMENT 782
ACCORD PEUGH V. U.S.
MARTINEZ V. U.S..133 S.CT 2072 (2013) and MOLINAt
136 S.CT 1338 (2016) ?

2) WHETHER THE SENTENCE WAS IMPOSED UNDER 21 U.S.C, §848(a)
AND (b), THE SENTENCE IS AMBIGUOUS AND THE RULE OF LENITY
REQUIRES THAT THE AMBIGUITY SHOULD BE RESOLVER IN PETITIONER tS
FAVOR ACCORD U.S. V. DAVIS, 139 S.CT 2319 (2019) ?

3) WHETHER THE DISTRICT COURT'S FAILURE TO FINALICE A PRELIMINARY
AND FINAL ORDERS OF FORFEITURE AND INCORPORATE IT INTO THE
JUDGMENT, ALLOW THE APPLICABILITY OF THE SUPREME COURT'S
INTERVENING DECISIONS IN HONEYCUTT V. .U.S. , 137 S.CT 1626
(2017) AND NELSON V. COLORADO, 137 s.ct 1249 (2017) ?

4) WHETHER THE COURT OF APPEALS HAS JURISDICTION TO DIRECT THE
DISTRICT COURT TO CONFORM WITH FED.R.CRIM.P. 32.2(b)(4)(B)
BY AMENDING THE 1996 JUDGMENT WHERE THE FED.R.CRIM.P . 32.2
WAS AMENDED SUBSTANTIALLY IN 2009 ?

Question Presented (AI Summary)

Whether the sentence was imposed under U.S.S.G. §201.1(c)

Docket Entries

2021-03-22
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent United States to respond filed.
2021-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2021)

Attorneys

Israel Santiago-Lugo, Israel
Israel Santiago-Lugo — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent