No. 18-7974

Carlos Cruz-Rivera, aka Chiqui, aka Cano, aka Cano Llorens v. United States

Lower Court: First Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing direct-appeal federal-statute first-step-act pending-cases retroactive-application retroactivity sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether 18 U.S.C. § 924(c)(1)(C), as amended and clarified by the First Step Act of 2018, should apply to this case on direct review

Question Presented (OCR Extract)

QUESTION PRESENTED Whether 18 U.S.C. § 924(c)(1)(C), as amended and clarified by the First Step Act of 2018, which provides for aggravated punishment for second violations only where the second violation “occurs after a prior conviction” “becomes final,” and which expressly applies to “pending cases” involving offenses “committed before the date of enactment,” should apply to this case on direct review. i

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)
2018-10-02
Application (18A337) granted by Justice Breyer extending the time to file until February 11, 2019.
2018-09-26
Application (18A337) to extend the time to file a petition for a writ of certiorari from December 13, 2018 to February 11, 2019, submitted to Justice Breyer.

Attorneys

Carlos Cruz-Rivera
Ines de Crombrugghe McGillionInes McGillion Law Offices, PLLC, Petitioner
Ines de Crombrugghe McGillionInes McGillion Law Offices, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent