No. 18-7918

Rutilio Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a) Whether there is frivolous issue with regard to Mr. Hernandez's sentence. A review the district court's decision whether to reduce a sentence under * §3582(c)(2). A district court abuse its discretion by filing to apply the proper legal standard by failing to follow proper procedures. Whether Mr. Hernandez's sentence was unconstitutional because Mr. Hernandez's sentence based in 18 U.S.C. § 924 (c) was imposed by the sole testimony of Denis Jackson. ii PARTIES Rutilio Hernandez, is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-appellee ; below. Co-defendants Denis W. Jackson Donna Jean Broussard Jose rigoberto Topete Maria Hernandez Robert W. Fansler Ruben Balderas Russel Brousard Santos Topete Sevdastian Salazar Susan M. Jacson Joseph H. Gay Jr, Assistant US Attorney. William Wayne Justice, The Honorable ; iii

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2018-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Rutilio Hernandez
Rutilio Hernandez — Petitioner
Rutilio Hernandez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent