No. 18-5913

Alfonso Escobedo Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2018-09-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure empirical-basis fifth-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness reasonableness-review second-circuit sentencing-commission sentencing-guidelines
Key Terms:
Securities
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Is a sentence imposed under the methamphetamine sentencing guideline entitled to a presumption of reasonableness?

Question Presented (OCR Extract)

QUESTION PRESENTED Is a sentence imposed under the methamphetamine sentencing guideline—a guideline crafted without benefit of Sentencing Commission expertise or empirical basis—entitled to a presumption of reasonableness? The Fifth Circuit concluded as much. But its basis for doing so—that a guideline enjoys a presumption of reasonableness regardless of its lack of empirical basis or its promulgation without benefit of Sentencing Commission expertise—conflicts with the Second Circuit’s approach to review of sentences under such a guideline. ii PARTIES Alfonso Escobedo Garciais the Petitioner; he was the defendant-appellant below. The United States of America, Respondent; it was the plaintiff-appellee below. iii

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent United States to respond filed.
2018-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2018)

Attorneys

Alfonso Escobedo Garcia
Jerry V. BeardOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent