No. 20-5650

Carlos Cruz-Rivera v. United States

Lower Court: First Circuit
Docketed: 2020-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law criminal-procedure firearms firearms-conviction first-step-act judicial-review retroactivity sentencing sentencing-enhancement statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether 18 U.S.C. § 924(c)(1)(C) precludes aggravated punishment for second firearms convictions unless the second violation 'occurs after a prior conviction' 'becomes final', and expressly applies to 'pending cases' involving offenses 'committed before the date of enactment'

Question Presented (OCR Extract)

QUESTION PRESENTED Whether 18 U.S.C. § 924(c)(1)(C), which as clarified and as amended by the First Step Act of 2018, precludes aggravated punishment for second firearms convictions unless the second violation “occurs after a prior conviction” “becomes final,” and expressly applies to “pending cases” involving offenses “committed before the date of enactment,” should have invalidated two 25-year stacked sentences in this case where the defendant had been sentenced, but his convictions were not final, on the date of enactment. i

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondent United States to respond filed.
2020-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Carlos Cruz-Rivera
Ines de Crombrugghe McGillionInes McGillion Law Offices, PLLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent