No. 23-5296

Leonel Marin-Torres v. United States

Lower Court: Ninth Circuit
Docketed: 2023-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-justice-reform effective-assistance-of-counsel equitable-relief first-step-act guidelines-range ineffective-assistance pro-se-representation sentencing-guidelines sixth-amendment
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether a district court, when deciding a First Step
Act motion on the pleadings, complies with Concepcion v. United
States, when it fails to calculate the benchmark Guidelines
range or acknowledge the movant's arguments in favor of relief
and states only that it is denying the motion based upon the
government's arguments?

2. Whether a court should grant an appellant's motion to
supplement the record where the supplemental evidence is
needed to establish prejudice on appeal?

3. Whether Leonel Marin Torres was denied the effective
assistance of counsel where he did not wish to be represented by
the attorney appointed to file a First Step Act motion on his
behalf, and the motion was filed against his wishes?

4. Whether the attorney's continued representation of
Marin Torres, without Marin Torres's knowledge and against
Marin Torres's stated wishes, violated his Sixth Amendment
right to represent himself?

5. Whether Marin Torres is entitled to equitable relief
under the extraordinary circumstance of counsel failing to
communicate with Marin Torres, act in accordance with his
reasonable directive, or keep him informed of key developments
in the case?

Question Presented (AI Summary)

Whether a district court complies with Concepcion v. United States when deciding a First Step Act motion

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-10
Waiver of right of respondent United States of America to respond filed.
2023-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2023)

Attorneys

Leonel Marin Torres
Kathleen Alida SheaLuminata, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent