No. 22-5929

Juan Salvador Cordova-Briseno v. United States

Lower Court: Fifth Circuit
Docketed: 2022-10-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-sentencing immigration minor standard-of-review statutory-interpretation unaccompanied-minor
Latest Conference: 2022-12-02
Question Presented (from Petition)

I. Did the district court abuse its discretion in applying the 4-level enhancement
for transporting an unaccompanied minor under U.S.S.G. § 2L1.1(b)(4) ?

II. Did the government establish, by a preponderance of the evidence, that Mr.
Cordova-Briseno transported unaccompanied minors?

III. Did the district court improperly apply a "strict liability" standard, rather than
considering whether it was reasonably foreseeable that a minor would be
involved in the offense?

IV. Did the Fifth Circuit wrongly conclude that the enhancement lacked a scienter
requirement?

Question Presented (AI Summary)

Did the district court abuse its discretion in applying the 4-level enhancement for transporting an unaccompanied minor under U.S.S.G. § 2L1.1(b)(4)?

Docket Entries

2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-02
Waiver of right of respondent United States to respond filed.
2022-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2022)

Attorneys

Juan Cordova-Briseno
Amy Ruth BlalockBlalock Law Firm, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent