No. 18-7391

Gadiel Romero v. United States

Lower Court: First Circuit
Docketed: 2019-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment cruel-and-unusual-punishment eighth-amendment kidnapping kidnapping-offense offense-level ransom-demand sentencing-enhancement sentencing-guidelines
Key Terms:
Punishment Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is it proper to apply a 6-level increase for a ransom demand in a kidnapping offense when not communicated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Is it proper for a sentencing court to apply the substantial 6-level increase to a defendant’s offense level contemplated in Section 2A4.1(b)(1) of the United States Sentencing Guidelines where a ransom demand was made during the commission of a kidnapping offense but was never communicated to a third party? Il. Does a sentence of 276 months imposed on a defendant convicted of Conspiracy To Commit Kidnapping in violation of 18 U.S.C. § 1201(c) constitute cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution where the national mean for such an offense is 192 months and where the defendant’s similarly situated co-conspirators received sentences ranging from 131 to 192 months of imprisonment? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent United States of America to respond filed.
2018-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2019)

Attorneys

Gadiel Romero
Thomas J O'Connor Jr. — Petitioner
Thomas J O'Connor Jr. — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent