No. 24-6824

Hansel Janel Rijo-Guerrero v. United States

Lower Court: First Circuit
Docketed: 2025-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure downward-variance drug-trafficking sentencing-disparity sentencing-enhancement ussg-guidelines
Latest Conference: 2025-04-17
Question Presented (from Petition)

1. Did the district court err when it imposed a two-level sentencing enhancement pursuant to USSG § 2D1.1(b)(3)(C) where the Government failed to prove by a preponderance of the evidence that Mr. Rijo-Guerrero acted as a pilot, co-pilot, captain, navigator, flight officer or any other operation officer aboard any craft or vessel carrying a controlled substance?

2. Did the district court adequately explain its rejection of Mr. Rijo-Guerrero's nonfrivolous argument for a downward variance based on the need to avoid an unwarranted sentencing disparity between him and his co-defendants?

3. Did the district court err when it denied Mr. Rijo-Guerrero's request for downward variance where he received a sentence of 188 months of imprisonment, 101 months more than the captain of the ship transporting the contraband?

Question Presented (AI Summary)

Whether the district court erred in imposing a two-level sentencing enhancement and denying a downward variance for a defendant convicted of drug trafficking offenses

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-25
Waiver of United States of right to respond submitted.
2025-03-25
Waiver of right of respondent United States to respond filed.
2025-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2025)

Attorneys

Hansel Janel Rijo-Guerrero
Michael March BrownleeThe Brownlee Law Firm, P.A., Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent