No. 18-8352

Lino Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3553(a)-factors 3582(c)(2)-motion amendment-782 amendment-782-788 criminal-sentencing district-court-discretion procedural-reasonableness sentence-disparity sentence-reduction sentencing-disparities sentencing-error sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the District Court committed substantive error in sentencing

Question Presented (OCR Extract)

QUESTION(S) PRESENTED |. 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). \l. Whether there is frivolous issue with regard to Mr. Hernandez sentence. A review the district court's decision whether to reduce a sentence under §3582(c)(2). Il. The disparities of sentence between Mr. Hernandez and his Co-defendants \V. The District Court abused its discretion in reducing Appellant's sentence to 292 months rather than 188 months pursuant to motion for Reduction of Sentence under 18 U.S.C. § 3582(c) where: (A) Appellant is qualified for such a reduction pursuant to Amendment 782788; (B) the District Court violated the provision of § 3553{a) by imposing a sentence longer than necessary and creating unwarranted sentence disparities among the defendants with similar record who have been found guilty of similar conduct; and _ (C) Appellant's sentence of 292 months is both procedurally erroneous and substantively unreasonable. (in alternative the court should had reduced the sentence a list to 188 months regarding the mandatory minimum) ii PARTIES Lino Hernandez, is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-Appellee below. iii

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-14
Waiver of right of respondent United States to respond filed.
2018-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

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