No. 18-6113

Frank J. Ballesteros v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advisory-guidelines criminal-procedure fairness fairness-doctrine integrity judicial-proceedings judicial-review post-conviction-relief pro-se-applicant public-reputation resentencing sentencing sentencing-guidelines
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Should this Court grant review of the court of appeals' decision based on this Court's subsequent decision in Rosales-Mireles v. United States that requires resentencing when a sentence is based on a miscalculation of the advisory sentencing guidelines that affected the fairness, integrity, or public reputation of the judicial proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should this Court grant review of the court of appeals’ decision based on this Court’s subsequent decision in Rosales-Mireles v. United States that requires resentencing when a sentence is based on a miscalculation of the advisory sentencing guidelines that affected the fairness, integrity, or public reputation of the judicial proceedings? 2. Did the Court of Appeals’ application of the timeliness standard for consideration of the “newly discovered evidence” doctrine in evaluating postconviction claims departed from this Court’s precedent and undermined fair consideration of claims by pro se applicants, thus warranting Supreme Court review to restore uniformity and certainty to the law of post-conviction relief?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-03
Waiver of right of respondent United States to respond filed.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)

Attorneys

Frank J. Ballesteros
Benedict P. KuehneKuehne Davis Law, P.A., Petitioner
Benedict P. KuehneKuehne Davis Law, P.A., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent