No. 18-5828

Adolfo Lopez-Garcia v. United States

Lower Court: Seventh Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a)

Question Presented (from Petition)

QUESTION(S) PRESENTED |. Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a). Il. Whether there is frivolous issue with regard to Mr. Lopez's sentence. A review the district court's decision whether to reduce a sentence under §3582(c)(2). lll. The disparities of sentence between Mr. Lopez-Garcia and his Codefendants IV. The District Court Abused its discretion in reducing Appellant's sentence to 135 months rather than 108 months pursuant to the motion for Reduction “ of Sentence under 18 U.S.C. § 3582(c) where: : (A) Appellant is qualified for such a reduction pursuant to Amendment 782is 788; (B) the District Court violated the provision of § 3553(a) by imposing a sentence longer than necessary and creating unwarranted sentence disparities among the defendants with similar record who have been found guilty of similar conduct; and (C) Appellant's sentence of 135 months is both procedurally erroneous and substantively unreasonable. (in alternative the court should had reduced the sentence a list to 120 months regarding the mandatory minimum} ii PARTIES Adolfo Lopez-Gracia, is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-appellee below. CO-DEFENDANTS Antonio Mendoza, ( leader organizer) was sentenced to term of 135 months in prison and his sentence was reduced pursuant to the amendment 782. (released) Roberto Sandoval Velazco, (the driver) was sentenced to a term of 135 months in prison and his sentence was reduced pursuant to the Amendment 782. (released) Corey Scott, was sentenced to a term of 120 months in prison. | Gonzalo Lopez-Garcia, (brother) was sentenced to a term of 96 months and was: ; transferred to finish his sentence in Mexico. (released). u Manuel Chavez, (fugitive) RELATED CASE | Askia Eubanks. Docket No.: 10CRO0362. ( Scott driver). Catherine D. O'Daniel, Defense Counsel. Stephen P. Baker/ Megan C. Church, Assistant U.S. Attorney. Sarah Kiekhafer, U.S. Probation Officer. James B. Zagel, U. S. District Judge. Ronald A. Guzman, U.S. District Judge. iti

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Adolfo Lopez-Garcia
Adolfo Lopez-Garcia — Petitioner
Adolfo Lopez-Garcia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent