No. 18-7557

Terveus Hyppolite v. United States

Lower Court: Fourth Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 career-offender constitutional-challenge criminal-sentencing due-process rule-of-lenity sentencing-commission sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether Title 18 U.S.C. § 3582(c)(2) is unconstitutional

Question Presented (OCR Extract)

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 ?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States to respond filed.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Terveus Hyppolite
Terveus Hyppolite — Petitioner
Terveus Hyppolite — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent