No. 18-5373
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing due-process guidelines guidelines-range harmless-error judicial-error molina-martinez-v-us rosales-mireles-v-us sentencing sentencing-guidelines substantial-rights
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2018-09-24
Question Presented (AI Summary)
Whether the defendant's substantial rights were affected by the district court's use of 'additional evidence' in imposing a guidelines sentence within an incorrect guidelines range
Question Presented (OCR Extract)
QUESTION(S) PRESENTED DEFENDANT SEEKS THIS SUPREME COURT'S REVIEW OF HIS ABOVE GUIDELINES SENTENCE IMPOSED WITHIN AN INCORRECT GUIDELINES : RANGE UTILIZING "ADDITIONAL EVIDENCE" WHICH SEVERLY AFFECTS PETITIONER'S SUBSTANTIAL RIGHTS IN LIGHT OF THE RULING IN MOLINA-MARTINEZ V. U.S., 578 U.S. 136 S.CT. 1338, 194 L.ED. 444 (2016); ROSALES-MIRELES V. U.S. 2018 BL 214344 U.S. NO. 16-9493 (JUNE 18, 2018).
Docket Entries
2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondent United States to respond filed.
2018-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)
Attorneys
Otis Sykes
Otis Sykes — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent