No. 18-261
Jose Guadalupe Cebreros v. United States
Tags: 21-usc-841-b-1-a 21-usc-841(b)(1)(a) california california-proposition-47 drug-offense-enhancement federal-recidivist-sentence-enhancement federal-sentencing habeas-relief prior-state-felony-drug-offense recidivist-sentencing retroactive-drug-sentencing-reforms state-law-interpretation
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-01-04
Question Presented (AI Summary)
Is a federal recidivist sentence enhancement based on a prior state 'felony drug offense' under 21 U.S.C. § 841(b)(1)(A) invalidated when the underlying felony is subsequently reduced to a misdemeanor 'for all purposes' by court order, following retroactive drug sentencing reforms in California?
Question Presented (OCR Extract)
QUESTION PRESENTED Is a federal recidivist sentence enhancement based on a prior state “felony drug offense” under 21 U.S.C. § 841(b)(1)(A) invalidated when the underlying felony is subsequently reduced to a misdemeanor “for all purposes” by court order, following retroactive drug sentencing reforms in California?
Docket Entries
2019-01-07
Petition DENIED.
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Reply of petitioner Jose Guadalupe Cebreros filed.
2018-11-28
Brief of respondent United States in opposition filed.
2018-10-19
Motion to extend the time to file a response is granted and the time is further extended to and including November 28, 2018.
2018-10-18
Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
2018-09-20
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2018.
2018-09-19
Motion to extend the time to file a response from September 28, 2018 to October 29, 2018, submitted to The Clerk.
2018-08-27
Petition for a writ of certiorari filed. (Response due September 28, 2018)
2018-06-20
Application (17A1380) granted by Justice Kennedy extending the time to file until August 27, 2018.
2018-06-04
Application (17A1380) to extend the time to file a petition for a writ of certiorari from June 28, 2018 to August 27, 2018, submitted to Justice Kennedy.
Attorneys
Jose Guadalupe Cebreros
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent