No. 18-6600

Ringo Recto Labrador v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split criminal-sentencing empirical-basis fifth-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness reasonableness-standard second-circuit sentencing-commission sentencing-guidelines
Key Terms:
Securities
Latest Conference: 2018-12-07
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 Ringo Recto Labrador is the Petitioner; he was the defendant-appellant below. The United States of America, Respondent; it was the plaintiff-appellee below. ili

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent United States to respond filed.
2018-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

Ringo Recto Labrador
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent