No. 25-6568
James Dorelus v. United States
Response WaivedIFP
Tags: constitutional-rights double-jeopardy drug-trafficking firearm-offense safety-valve sentencing-reduction
Latest Conference:
2026-02-20
Question Presented (from Petition)
Where a defendant pleads guilty to the crime of carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(1)(A), is it a violate of the Fifth Amendment, Double Jeopardy Clause not to allow such a defendant the "safety valve" reduction for the underlying drug trafficking offense pursuant to USSG §5C1.2 and 18 USC § 3553(f) in cases where the same firearm resulted in the § 924(c)(1)(A) conviction?
Question Presented (AI Summary)
Whether a defendant who pleads guilty to carrying a firearm during drug trafficking is unconstitutionally denied a safety valve reduction under the Double Jeopardy Clause
Docket Entries
2026-02-23
Petition DENIED.
2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-21
Waiver of United States of right to respond submitted.
2026-01-21
Waiver of right of respondent United States to respond filed.
2026-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)
Attorneys
James Dorelus
Israel Jose Encinosa — Encinosa Law, P.A., Petitioner
United States
D. John Sauer — Solicitor General, Respondent