No. 19-7253

Fabrizio DeFrancisci v. United States

Lower Court: Second Circuit
Docketed: 2020-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals certificate-of-appealability criminal-procedure criminal-procedure-rule-60(b)(6) due-process post-conviction-relief rule-60b-motion second-circuit sentencing sentencing-guidelines ussg
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Was the district court and appeals court wrong to deny the Rule 60(b)(6) motion and certificate of appealability, respectively, when this court has specifically held that the employment of an incorrectly calculated USSG range is a substantive violation of a criminal defendant's due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . I. WAS THE DISTRICT COURT AND APPEALS COURT WRONG TO DENY . THE RULE 60¢b6) MOTION AND CERTIFICATE OF APPEALABILITY, REPSECTIVELY, WHEN THIS COURT HAS SPECIFICALLY HELD . THAT THE EMPLOYMENT OF AN INCORRECTLY CALCULATED USSG RANGE IS A SUBSTANTIVE VIOLATION OF A CRIMINAL DEFENDANT's a 5UE PROCESS? : ; Il. IN THE ALTERNATIVE, WAS THE APPEALS COURT WRONG“TO DENY A CERTIFICATE OR APPEALABLITY BEFORE HAVING RULED ON 'PETITZONER DEFRANCISCI's PROPERLY FILED MOTION FOR LEAVE TO FILE SUPLEMENT -WITH SUPPLEMENT FILED CONTEMPORANEOUSLY THEREWITH -PRIOR TO ENTERING A?PINAL ORDER? i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondent United States to respond filed.
2019-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Fabrizio DeFrancisci
Fabrizio DeFrancisci — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent