No. 22-5680

Wigberto Viera v. United States

Lower Court: Second Circuit
Docketed: 2022-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: drug-sting due-process judicial-authority mandatory-minimum reverse-sting sentencing-manipulation separation-of-powers stash-house
Latest Conference: 2022-10-28
Question Presented (from Petition)

Whether this Court should recognize the defense of sentencing manipulation, in accordance with the majority of Courts of Appeals, and rule that sentence reductions, even below a mandatory minimum, may and must be granted when the government's conduct strips the judge of his sentencing authority in order to preserve the separation of powers and the authority of the Judiciary to dispense Due Process, as well as the rights of the defendant to fair sentencing.

Question Presented (AI Summary)

Whether the Court should recognize the defense of sentencing manipulation

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-29
Waiver of right of respondent United States to respond filed.
2022-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Wigberto Viera
Vivian ShevitzVivian Shevitz, Attorney at Law, Petitioner