No. 23-5462
Victor Manuel Solorzano v. United States
Response WaivedIFP
Tags: circuit-split first-step-act intervening-law mandate-rule resentencing sentencing sentencing-package
Latest Conference:
2023-10-06
Question Presented (from Petition)
1. Does Section 403 of the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 apply to a defendant at a post-Act resentencing hearing following vacatur of an unlawful sentence that was imposed pre-Act?
2. Did the Fifth Circuit wrongfully fail to consider the FSA as intervening law to petitioner while also failing to consider that he had a multi-count sentence that was bundled in a sentencing package that was sent back to the district court on remand?
Question Presented (AI Summary)
Does Section 403 of the First Step Act apply to post-Act resentencing hearings?
Docket Entries
2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States to respond filed.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2023)
Attorneys
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Victor Solorzano
J. Joseph Mongaras Jr. — Udashen Anton, Petitioner