No. 22-5449

Antonio Rodriguez, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2022-08-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-conflict controlled-substance controlled-substance-offense drug-trafficking federal-conviction federal-drug-trafficking federal-sentencing sentencing-guidelines statutory-interpretation
Latest Conference: 2022-10-07
Question Presented (from Petition)

Is it obvious error to find a prior federal drug trafficking conviction is a "controlled substance offense" under the Sentencing Guidelines when the substance trafficked is not, at the time of sentencing, categorically a federally controlled substance?

Question Presented (AI Summary)

Is it obvious error to find a prior federal drug trafficking conviction is a 'controlled substance offense' under the Sentencing Guidelines when the substance trafficked is not, at the time of sentencing, categorically a federally controlled substance?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-08
Waiver of right of respondent United States to respond filed.
2022-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2022)

Attorneys

Antonio Rodriguez, Jr.
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent