No. 19-5926

Refugio Quintanar v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence? 2. Whether parties to a criminal proceeding must make timely objections to the procedural unreasonableness of a sentence? Subsidiary question: whether the case should be held pending HolguinHernandez, _U.S.__, 139 S.C.t 2666 (June 3, 2019), and potentially remanded in light of that forthcoming authority 3. Whether defendants enjoy the right to proof beyond a reasonable doubt and confrontation as to some facts that alter the likely sentence within a mandatory range of punishment? Subsidiary question: whether the case should be remanded in light of United States v. Haymond, __U.S.__, 139 S.Ct. 2369 (2019)? 4. Whether the Texas offense of Robbery constitutes a “crime of violence” under USSG 4B1.2? Subsidiary question: whether the case should be remanded in light of Stokeling v. United States, __U.S.__, 1389 S.Ct. 544 (2019)? ii

Docket Entries

2020-03-23
Petition DENIED.
2020-03-11
Reply of petitioner Refugio Quintanar filed. (Distributed)
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-14
Brief of respondent United States of America in opposition filed.
2020-01-10
Motion to extend the time to file a response is granted and the time is further extended to and including February 14, 2020.
2020-01-09
Motion to extend the time to file a response from January 15, 2020 to February 14, 2020, submitted to The Clerk.
2019-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including January 15, 2020.
2019-12-12
Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
2019-11-07
Motion to extend the time to file a response is granted and the time is further extended to and including December 16, 2019.
2019-11-06
Motion to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2019.
2019-10-08
Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
2019-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)

Attorneys

Refugio Quintanar
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent