Cairo Lopez, Jr. v. United States
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's prohibition of Cruel and Unusual Punishment, and the doctrine of Separation of Powers
QUESTIONS PRESENTED FOR REVIEW 1. This Court should consider whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fifth Amendment’s Due Process Clause, the Eighth Amendment’s prohibition of Cruel and Unusual Punishment, and the doctrine of Separation of Powers. 2. This Court should consider whether statutory mandatory minimum sentences should be advisory and the sentence imposed reviewable for reasonableness. No. In the Supreme Court of the United States October Term, 2018 CAIRO LOPEZ, JR., Petitioner, V. UNITED STATES OF AMERICA, Respondent. PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS OF THE FIFTH CIRCUIT Petitioner, Cairo Lopez, Jr. asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on May 13, 2019.