No. 23-7283
Hector Manuel Gomez Rodriguez v. United States
Response WaivedRelisted (2)IFP
Tags: 21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing
Key Terms:
Punishment
Punishment
Latest Conference:
2024-05-23
(distributed 2 times)
Question Presented (from Petition)
Did the Ninth Circuit contravene Harmelin's plurality and Ewing by essentially exempting all sentences that a district court imposes under 21 U.S.C. § 841(b)(1)(A)(vii), from Eighth Amendment scrutiny? Alternatively, should the Court overrule Harmelin and Ewing?
Question Presented (AI Summary)
Whether the Ninth Circuit contravened Harmelin's plurality and Ewing by exempting all sentences imposed under 21 U.S.C. § 841(b)(1)(A)(vii) from Eighth Amendment scrutiny
Docket Entries
2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent United States to respond filed.
2024-04-22
Motion (23M83) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-04-03
MOTION (23M83) DISTRIBUTED for Conference of 4/19/2024.
2024-03-26
Motion (23M83) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2024)
Attorneys
Hector Manuel Gomez Rodriguez
David Andrew Schlesinger — Jacobs & Schlesinger LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent