No. 18-7393

Rodrigo Roman v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review burden-of-proof criminal-procedure drug-offense due-process firearm-enhancement firearm-possession guidelines-interpretation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement stare-decisis
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the Fifth Circuit erred in affirming the district court's application of the firearm enhancement under U.S.S.G. § 2D1.1(b)(1) without requiring the government to establish a connection between the firearm and the drug offense to which the defendant pleaded guilty

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Petitioner, RODRIGO ROMAN, appealed his ten-year statutory minimum sentence imposed after he pleaded guilty to conspiracy to possess with intent to distribute over five kilograms of cocaine. On direct appeal, Mr. Roman argued to the District Court erred in finding Mr. Roman possessed a firearm in connection with his drug offense. The finding was crucial because it resulted in a two-level enhancement to Mr. Roman’s offense level under USS.G. § 2D1.1(b)(1) and made him ineligible for a sentence reduction under U.S.S.G. § 5C1.2(a), the safety valve provision. The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) disagreed and affirmed the sentence imposed by the District Court. Respectfully, the decision of the Fifth Circuit decided important federal questions in away that conflicts with relevant decisions of this Court. In amanner which is contrary to the stare decisis of this Court, the Fifth Circuit did not require the Government to establish that the firearm was possessed in connection with the drug offense to which Mr. Roman pleaded guilty. Indeed, the weapons were in a home where there were no drugs. Thus, a compelling reason is presented in support of discretionary review by this Honorable Court. Mr. Roman therefore respectfully requests that this Honorable Court grant this Petition for Writ of Certiorari and proceed to resentencing without the weapons enhancement. 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.
2019-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2019)

Attorneys

Rodrigo Roman
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent