No. 22-7807

Chayna Holguin v. United States

Lower Court: Fifth Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: criminal-history federal-sentencing first-step-act rule-of-lenity safety-valve sentencing-guidelines statutory-interpretation
Latest Conference: 2024-03-22 (distributed 2 times)
Question Presented (from Petition)

The question presented is whether the "and" in § 3553(f)(1) means "and," so that a defendant satisfies the provision so long as she does not have (A) more than 4 criminal history points, excluding any points resulting from a 1-point offense, (B) a 3-point offense, and (C) a 2-point violent offense, or whether the "and" means "or," so that a defendant satisfies the provision only if she does not have (A) more than 4 criminal history points, excluding any points resulting from a 1-point offense, (B) a 3-point offense, or (C) a 2-point violent offense.

Question Presented (AI Summary)

Whether the 'and' in 18 U.S.C. § 3553(f)(1) means 'and' or 'or' for determining eligibility for the 'safety valve' provision

Docket Entries

2024-03-25
Petition DENIED.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-16
Memorandum of respondent United States filed.
2023-07-12
Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2023.
2023-07-11
Motion to extend the time to file a response from July 17, 2023 to August 16, 2023, submitted to The Clerk.
2023-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Chayna Holguin
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States of America
Elizabeth B. Prelogar — Respondent