No. 25-6568

James Dorelus v. United States

Lower Court: Eleventh Circuit
Docketed: 2026-01-13
Status: Denied
Type: IFP
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 EncinosaEncinosa Law, P.A., Petitioner
United States
D. John SauerSolicitor General, Respondent