No. 19-8732

Efrain Leyva Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a lengthy sentence based on speculative inferences not supported by the record?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a district court violate a defendant’s due process right to be sentenced based on accurate information and abuse its discretion when it imposes a lengthy sentence based on speculative inferences not supported by the record?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-23
Waiver of right of respondent United States of America to respond filed.
2020-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2020)

Attorneys

Efrain Hernandez
Andrea Renee St. JulianLaw Offices of Andrea Renee St. Julian, Petitioner
Andrea Renee St. JulianLaw Offices of Andrea Renee St. Julian, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent