No. 18-6833

Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation
Key Terms:
DueProcess Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level under the Guidelines and thereby the 'lodestar' for the court's exercise of its discretion in determining a sentence sufficient but not greater than necessary to achieve the statutory goals of sentencing

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether a Guideline which incorporates by reference § 16(b)’s residual clause may serve as the basis for increasing the defendant’s offense level under the Guidelines and thereby the “lodestar” for the court’s exercise of its discretion in determining a sentence sufficient but not greater than necessary to achieve the statutory goals of sentencing.

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-06
Waiver of right of respondent United States to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2018)

Attorneys

Jose Ramon Zuniga
John Riley FriesellFriesell Westerlage, PLLC, Petitioner
John Riley FriesellFriesell Westerlage, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent