No. 18-5384

Wendell Rivera-Ruperto v. United States

Lower Court: First Circuit
Docketed: 2018-07-30
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment due-process due-process-clause eighth-amendment government-manipulation mandatory-life-sentence mandatory-minimum sentencing-enhancement sentencing-enhancements statutory-manipulation sting-operation sting-operations
Key Terms:
DueProcess FifthAmendment Punishment
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether the Eighth Amendment forbids the creation of a de-facto mandatory life without parole sentence through stacking 18 U.S.C. § 924(c) charges

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Eighth Amendment forbids the creation of a de-facto mandatory life without parole sentence through stacking 18 U.S.C. § 924(c) charges for sting operations in which the government exercised control over the predicates for sentencing enhancements. Whether the Due Process Clause is violated when a sentencing court refuses to consider, as a mitigating factor, whether the government has engaged in a scheme to manipulate minimum mandatory sentencing statutes to intentionally enhance the severity of the offense.

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-06
Reply of petitioner Wendell Rivera-Ruperto filed. (Distributed)
2019-01-22
Brief of respondent United States in opposition filed.
2018-11-19
Motion to extend the time to file a response from November 28, 2018 to January 21, 2019, submitted to The Clerk.
2018-11-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 22, 2019.
2018-10-26
Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
2018-10-26
Motion to extend the time to file a response is granted and the time is further extended to and including November 28, 2018.
2018-09-27
Motion to extend the time to file a response is granted and the time is further extended to and including October 29, 2018.
2018-09-26
Motion to extend the time to file a response from September 28, 2018 to October 29, 2018, submitted to The Clerk.
2018-08-23
Motion to extend the time to file a response from August 29, 2018 to September 28, 2018, submitted to The Clerk.
2018-08-23
Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2018.
2018-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2018)
2018-05-03
Application (17A1208) granted by Justice Breyer extending the time to file until July 27, 2018.
2018-05-02
Application (17A1208) to extend the time to file a petition for a writ of certiorari from May 28, 2018 to July 27, 2018, submitted to Justice Breyer.

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Wendell Rivera-Ruperto
Hermes Manuel HernandezH. Manuel Hernandez, P.A., Petitioner
Hermes Manuel HernandezH. Manuel Hernandez, P.A., Petitioner