No. 23-6827

Victor Leon-Moya v. United States

Lower Court: Eighth Circuit
Docketed: 2024-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy criminal-procedure drug-importation drug-trafficking enhancement-factors importation jurisdiction sentencing-guidelines substantive-reasonableness
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2024-03-28
Question Presented (from Petition)

1) Whether a defendant's suggestion for a codefendant to pay a supplier
what the codefendant owed said supplier constitutes "directing" per
USSG § 3B1.1.

2) Whether the enhancement under USSG § 2D1.1(b)(5) and §2Dl.1(b)(16)( C)
applies when the only evidence presented to support importation of any
controlled substances is that the defendnat made a single trip to his
home country and that an admitted supplier directs coconspirators in
the United States.

3) Whether Petitioner's sentence is substantively unreasonable in light
of the district court's relieance on the above enhancements in begin
ning it's calculations.

Question Presented (AI Summary)

whether-defendant-directed-codefendant

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent United States to respond filed.
2024-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2024)

Attorneys

United States
Elizabeth B. Prelogar — Respondent
Victor Leon-Moya
Victor Leon-Moya — Petitioner