Javier Rosales v. United States
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.
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