No. 19-7804

Ramon F. Flores v. United States

Lower Court: Sixth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment
Key Terms:
DueProcess
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether a defendant is procedurally barred from appealing the district court's original drug quantity determination in a sentence reduction application under 18 U.S.C. § 3582(c)(2) when the reasonable outcome of a successful drug quantity appeal would now likely affect the defendant's guideline range

Question Presented (from Petition)

QUESTION PRESENTED , In a sentence reduction application matter pursuant to 18 U.S.C. § 3582(c) (2) under Amendment 782 to the Sentencing Guidelines, if a defendant objects to the drug quantity finding made at sentencing but does not pursue this issue on direct appeal because the reasonable outcome of a drug quantity appeal, ; even if successful in reducing defendant's determined quantity, would not likely affect defendant's Guideline range is that defendant later procedurally barred from appealing the District Court's original drug quantity determination repeated in the Denial of Defendant's Sentence Reduction motion when the reasonable outcome of a drug quantity appeal, if successful ; in reducing. defendant's determined drug quantity, would now likely affect the defendant's Guideline range? . aie , .

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent United States to respond filed.
2020-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Ramon F. Flores
Ramon F. Flores — Petitioner
Ramon F. Flores — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent