No. 20-7164

Marcelino Hernandez-Martinez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeals criminal-procedure drug-offenses due-process sentencing supervisory-powers
Latest Conference: 2021-03-19
Question Presented (from Petition)

Whether the decision of the United State s Cour t of Appeals for the Fifth Circuit ("Fifth Circuit")–whi ch affirmed the significant increase of the base offense level by the District Cour t with marijuana seizures which Mr. Hernande z-Mar tinez had no involve ment–confli cts with the decisions of this Cour t on an important matte r, and therefore the decision by the Fifth Circuit calls for an exercise of this Cour t's supervisory powers such that a comp elling reason is presented in support of discretionar y review by this Honor able Cour t.

Question Presented (AI Summary)

Whether the decision of the United States Court of Appeals for the Fifth Circuit affirming the significant increase of the base offense level by the District Court with marijuana seizures which Mr. Hernandez-Martinez had no involvement with conflicts with the decisions of this Court on an important matter

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent The United States of America to respond filed.
2021-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2021)

Attorneys

Marcelino Hernandez-Martinez
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
The United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent