No. 23-6440
Ismael De Jesus-Flores v. United States
Response WaivedIFP
Tags: administrative-law constitutional-interpretation constitutional-law due-process notice-and-comment sentencing-guidelines statutory-construction statutory-interpretation vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference:
2024-02-16
Question Presented (from Petition)
Whether the U.S.S.G Commentary being issued on a High in § 2L1.1 is unconstitutionally vague when it was never subjected to notice and comment to the public, and precedent defines vagueness as a statute that fails to give ordinary people fair notice.
Whether the Commentary cannot expand the definition of "minor" broader than the federal definition set by this Court in United States v Esquivel-Quintana, 137 S. Ct.
Question Presented (AI Summary)
Can the U.S.S.G. commentary definition of a 'minor' in § 2L1.1 commentary note 1 be considered unconstitutionally vague when it was never subjected to notice and comment to the public, and precedent defines vagueness as a statute that fails to give ordinary people fair notice
Docket Entries
2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2023-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2024)
Attorneys
Ismael De Jesus-Flores
Ismael De Jesus-Flores — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent