No. 21-6803

Javier Rosales v. United States

Lower Court: Fifth Circuit
Docketed: 2022-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of discretion, in contravention of precedential decisions of this Court and in conflict with rulings of its sister Courts of Appeals, where the District Court (a) invented speculative extra-record material to effectively offset the otherwise-applicable reduction under Amendment 782 to the U.S. Sentencing Guidelines Manual, and (b) failed to provide full and fair opportunity for either party to present their positions as to the issue invented by the Court.

Question Presented (AI Summary)

Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of discretion

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
Waiver of right of respondent United States to respond filed.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)

Attorneys

Javier Rosales
Javier Rosales — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent