No. 21-8111

Leo Contrera v. United States

Lower Court: Second Circuit
Docketed: 2022-06-10
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: covered-offense discretionary-modification discretionary-review first-step-act non-covered-offense sentencing-guidelines sentencing-modification sentencing-package u-s-code-3553a
Key Terms:
Immigration
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (from Petition)

I. Whether the First Step Act (FSA) of 2018, under § 404 of the act, when a district court finds a defendant has a "covered offense" making him/her eligible for a discretionary modification of that sentence, is the district court authorized to review "non-covered" offenses that are part of an aggregate sentencing package under the U.S. Sentencing Guidelines and potentially impose a discretionary modification of all sentences in that aggregate sentencing package?

2. Whether a district court, when considering a FSA motion and finds a defendant has a potential modification of the sentence, has the authority and potentially an obligation to consider all discretionary factors under 18 U.S.C. § 3553(a), including but not limited to, favorable changes in evolving caselaw decisions, favorable amendments and/or clarifications of the U.S. Sentencing Guidelines, and a defendant's post-sentencing conduct, in arriving at a decision whether to impose a modified sentence?

3. Whether a district court, when considering a FSA motion and finds a defendant has a "covered offense" making him/her eligible for a potential discretionary modification of the sentence(s) associated with that offense, has the authority, and potentially an obligation to ensure that the original, or a new, U.S. Sentencing Guidelines calculation was/is correct for the "covered offense" and all "non-covered" offenses that together form an aggregate sentencing package?

4. Whether a district court, when considering a FSA motion and finds a defendant has a "covered offense" making him/her eligible for a potential discretionary modification of the sentence(s) associated with that offense, has an obligation, pursuant to this Court's decision in Molina-Martinez v. United States, 136 S. Ct. 1358 (2016), to correct any U.S. Sentencing Guidelines errors in an original, or in a new, calculation of a guidelines sentencing range?

Question Presented (AI Summary)

Whether the First Step Act (FSA) of 2018 allows a district court to review non-covered offenses in an aggregate sentencing package

Docket Entries

2022-12-05
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-02
Brief of respondent United States in opposition filed.
2022-09-08
Motion to extend the time to file a response is granted and the time is further extended to and including November 2, 2022.
2022-09-07
Motion to extend the time to file a response from October 3, 2022 to November 2, 2022, submitted to The Clerk.
2022-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2022.
2022-08-26
Motion to extend the time to file a response from September 1, 2022 to October 3, 2022, submitted to The Clerk.
2022-08-02
Response Requested. (Due September 1, 2022)
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
2022-06-09
Application (21A810) to file petition for a writ of certiorari in excess of page limits granted by Justice Sotomayor. The petition for a writ of certiorari may not exceed 55 pages.
2022-06-02
Application (21A810) to file a petition for a writ of certiorari in excess of page limits, submitted to Justice Sotomayor.
2022-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2022)

Attorneys

Leo Contrera
Leo Contrera — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent