No. 18-7304

Juan Rodriguez-Mantos v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure due-process federal-law federal-sentencing-guidelines fifth-circuit judicial-review reasonableness-review sentencing sentencing-enhancement sentencing-guidelines sentencing-reasonableness supervisory-power
Key Terms:
Environmental Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the imposition of an outside Guidelines sentence is reasonable

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Petitioner pled guilty to a charge of re-entry of a deported alien and various conspiracy and aiding and abetting offenses related to transporting, concealing, harboring, and shielding undocumented aliens in violation of 8 U.S.C.§ 1326(a) and 8 U.S.C. § 1324. The district court sentenced Mr. Mantos to 252 months imprisonment, more than three and half times the upper end of the applicable already significantly enhanced Level 25 Guidelines range of 57 to 71 months the district court determined to be applicable and more than two and half month times the 100 month imprisonment sentence the Government recommended. Petitioner now seeks certiorari to review the following questions: Whether the imposition of an outside Guidelines sentence is reasonable when the district court more than triples the already enhanced Guidelines sentencing level and justifies it with the same facts and reasons it found to enhance his Guidelines sentencing level? Whether the Fifth Circuit Court of Appeals’ decision affirming the district court’s significant outside Guidelines sentence has so far departed from the accepted and usual course of proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of the Court’s supervisory power? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Waiver of right of respondent United States of America to respond filed.
2018-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2019)

Attorneys

Juan Rodriguez-Mantos
Derly J. UribeLaw Offices of Francisco J. Saldana, Jr., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent