No. 18-7079

Franklyn Morillo v. United States

Lower Court: First Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though that does not establish it is knowing, intelligent or voluntary?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though that does not establish it is knowing, intelligent or voluntary? 2. Should certiorari be granted in this case of first impression to decide whether a district court abuses its discretion when it imposes a two-level enhancement for maintaining a premises for the purpose of distributing a controlled substance, even when it is used principally as a residence? 3. Should certiorari be granted in this case of first impression to decide whether a district court abuses its discretion when it imposes a four-level role enhancement, even when Petitioner is neither an organizer nor a leader? i

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-27
Waiver of right of respondent United States to respond filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)

Attorneys

Steven Feldman & Feldman, Atty's. at Law
Steven A. FeldmanFeldman & Feldman, .Attorneys at Law, Petitioner
Steven A. FeldmanFeldman & Feldman, .Attorneys at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent