No. 19-7851

Lenin Martinez-Alvarado v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-03-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 concurrent-sentences criminal-procedure criminal-sentencing district-court downward-departure eleventh-circuit jurisdiction substantive-reasonableness u.s.s.g-§4a1.3
Key Terms:
Immigration
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Whether certiorari review should be granted where the Eleventh Circuit held that it did not have jurisdiction to review the district court's denial to grant Martinez-Alvarado's request for a downward departure pursuant to U.S.S.G. §4A1.3

Question Presented (from Petition)

QUESTIONS PRESENTED 1. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT HELD THAT IT DID NOT HAVE JURISDICTION TO REVIEW THE DISTRICT COURT’S DENIAL TO GRANT MARTINEZ-ALVARADO’S REQUEST FOR A DOWNWARD DEPARTURE PURSUANT TO U.S.S.G. §4A1.3 IL. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED THE DISTRICT COURT’S DENIAL OF MARTINEZ-ALVARADO’S REQUEST FOR HIS SENTENCES TO RUN CONCURRENTLY INSTEAD OF CONSECUTIVELY. Ul. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED MARTINEZALVARADO’S SENTENCES THAT WERE NOT SUBSTANTIVELY REASONABLE CONSIDERING 18 U.S.C. §3553(A)-(F). i

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-12
Waiver of right of respondent United States of America to respond filed.
2020-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2020)

Attorneys

Lenin Martinez-Alvarado
David Jonathon JoffeJoffe law, P.A., Petitioner
David Jonathon JoffeJoffe law, P.A., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent