No. 18-5811

Eusebio Escobar De Jesus v. United States

Lower Court: First Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appeals-court criminal-procedure district-court due-process gall-v-united-states guideline-range guidelines molina-martinez-v-united-states offense-level procedural-error rosales-mireles-v-united-states sentencing sentencing-guidelines
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the Appeals Court erroneously concluded Petitioner failed to state a claim, reasoning for want of a substantial question

Question Presented (from Petition)

QUESTION(S) PRESENTED 1.) Whether the Appeals Court erroneously concluded Petitioner failed to state a clain, reasoning for want of a substantial guestion...he asserts that (Judgment) is UNDERMINED by, Rosales-— Mireles v. United States, 138 S.Ct. 1897 (2018), and MolinaMartinez v. United States, 136 S.Ct. 1338 (2016). 2.) Whether the District Court abused its discretion when the records of the sentencing transcripts show that Petitioner was not sentenced under Guidelines Section §2A1.1 in separate count; the court committed significant procedural error, such as improperly calculating the Guideline range. Rosales-Mireles v. United States. 3.) Whether the final sentence decision of the sentencing transcript controls or the recommendation of the Pre-Sentence Report, its not consistant with Supreme Court remedial opinion in Gall v. United States, 169 L. Ed, 2d 445, (2007). 4.) Whether it was improper to increase Defendant's offense level by four levels under Guideline Section §2D1.5 to level 40. Thus, even though Amendments 505 and 782 reduce the maximum base offense level in Guideline Section §2D1.1 from 38 to 36. II .

Docket Entries

2018-10-09
Petition DENIED. Justice Kagan and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Eusebio Escobar de Jesus
Eusebio Escobar De Jesus — Petitioner
Eusebio Escobar De Jesus — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent