No. 18-5207

Omar Montoya v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 circumstances-beyond-control criminal-sentencing,sentencing-guidelines,abuse-of criminal-sentencing,sentencing-guidelines,sentenci discretion sentencing-guidelines sentencing-range timeliness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the district court erred in denying petitioner's request for resentencing under 18 U.S.C. § 3582(c)(2) due to a subsequent lowering of the sentencing guidelines range, and whether the district court abused its discretion in denying the request as untimely due to circumstances beyond petitioner's control

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1). Whether the District Court reversibly erred in Denying to Reduce and Appropriate Outcome when the Subsequent Sentencing Range has been Lowered by the Sentencing Commission? 2). Whether the District Court abused its Descretion by not Reducing Petitioner Sentence based on a Subsequent Sentencing Range that has been Lowered by the Sentencing Commision, Pursuant to 18 U.S.C. § 3582(c)(2) and 3553(a) factors? 3). Whether the District Court abused its Descretion in Denying Petitioner Montoya’ Request for Reduction of Sentence as Untimely due to Circumstances and Issues beyond his control? , i.

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Waiver of right of respondent United States to respond filed.
2018-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2018)

Attorneys

Omar Montoya
Omar Montoya — Petitioner
Omar Montoya — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent