No. 20-5666

Cristian Mendoza v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range
Key Terms:
DueProcess
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether a defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of responsibility reduction to his total offense level under U.S.S.G. § 3E1.1, but which (unbeknownst to him) cannot reduce his advisory sentencing range to anything other than 'life,' has entered a knowing, voluntary plea

Question Presented (from Petition)

Issues Presented 1. A defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of responsibility reduction to his total offense level under U.S.S.G. § 3E1.1, but which (unbeknownst to him) cannot reduce his advisory sentencing range to anything other than “life,” has not entered knowing, voluntary plea. 2. The United States Sentencing Guidelines are unconstitutional to the extent that they provide for the possibility that a defendant can enter a timely guilty plea instead of going to trial, and yet not receive any benefit for acceptance of responsibility when he is otherwise deserving of the reduction. 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.
2020-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Cristian Mendoza
John Andrew KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent