No. 20-1807

Dontour D. Drakes v. United States

Lower Court: Fifth Circuit
Docketed: 2021-06-28
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 18-usc-3582 18-usc-3582c2 amendment-782 career-offender criminal-sentencing retroactive-amendment sentencing-guidelines substantial-assistance united-states-v-hughes
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether a career offender who provided substantial assistance is eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on the judge's concluded guideline range rather than the initial career offender guideline range

Question Presented (OCR Extract)

QUESTION(S) PRESENTED © 1. WHETHER A CAREER OFFENDER WHO PROVIDED SUBSTANTIAL ASSISTANCE WHOSE SENTENCING JUDGE: VARIED FROM THE INITIAL INTRODUCED CAREER OFFENDERS' GUIDELINES; 1S THE JUDGE'S CONCLUDED GUIDELINE RANGE THE NEW STARTING POINT FOR PURPOSES OF AMENDMENT 782 (minus two levels) PARALLELED WITH . UNITED STATES-V. HUGHES, 138 S. Ct. 1765, 1776-77 (2018) THUS ELIGIBLE UNDER 18 U.S.C. § 3582(c)(2) FOR CONSIDERATION FOR THE MINUS TWO LEVELS? 26 DOES HUGHES', Id., HOLDING APPLY TO CASES WHERE THE SENTENCING JUDGE -VARIED FROM THE INITIAL INTRODUCED CAREER OFFENDER GUIDELINE RANGE OR , CATEGORY BASED ON SUBSTANTIAL ASSISTANCE AND SETTLED IN A LOWER GUIDELINE RANGE OR CATEGORY; IS THE CONCLUDED DEPARTED GUIDELINE RANGE OR CATEGORY THE DEFENDANTS’ NEW STARTING POINT FOR PURPOSES OF THE MINUS TWO LEVELS UNDER AMENDMENT 782 GIVEN 18 U.S.C. § 3582 (c)({2) DOES NOT PROHIBIT REDUCTIONS BASED ON RETROACTIVE AMENDMENTS IN SUBSTANTIAL ASSISTANCE CASES? (i)

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-12
Waiver of right of respondent United States to respond filed.
2021-06-28
Motion (20M102) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-06-08
MOTION (20M102) DISTRIBUTED for Conference of 6/24/2021.
2021-03-02
Motion (20M102) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-03-02
Petition for a writ of certiorari filed. (Response due July 28, 2021)

Attorneys

Dontour D. Drakes
Dontour D. Drakes — Petitioner
Dontour D. Drakes — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent