Terveus Hyppolite v. United States
SocialSecurity Securities Immigration
Whether Title 18 U.S.C. § 3582(c)(2) is unconstitutional
QUESTION(S) PRESENTED 1. Whether Title 18 U.S.C. § 3582(c)(2) is we.eeen unconstitutional in light of Beckles v. United States, 137 S. Ct. 886, 895 (2017) (holding the guidelines are unambiguiously advisory moving forward), after Congress failed to excise the language "if such a reduction is consistant with applicable policy statements issued by the Sentencing Commission," rendering the application of the Guidelines pursuant to § 3582(c)(2) mandatory ? 2. Whether the Rule of lenity applies to resolve the conflict in Petitioner's favor precluding him from § 3582(c)(2) Amendment 782 relief: based on his "career offender" status, whereas he is no longer a career ... offender, but has no remedy at law to challenge his erroneous career offender classification ?