No. 19-7698

Martin Calderon-Ortalejo v. United States

Lower Court: Fifth Circuit
Docketed: 2020-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion in sentencing?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED OO Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion by imposing two consecutive sentences for Petitioner's case after accepting the calculated Total Offense Level prepared by the United States Probation Officer? Was there sufficient , evidenciary facts to justify the enhacements in the total offense level calculation for a “substantial interference with the administration of justice” and the offense being "extensive in scope, planning, or preparation" for the current offense? Did the District Court abuse its discretion by no granting any deductions for Acceptance of Responsibility after Petitioner accepted a plea agreement offered by the government? Did the Fifth Circuit Court of Appeal violate Petitioner's rights by not carrying a complete review under Penson v. Ohio? 3 .

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-28
Waiver of right of respondent United States to respond filed.
2020-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2020)

Attorneys

Martin Calderon-Ortalejo
Martin Calederon-Ortalejo — Petitioner
Martin Calederon-Ortalejo — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent