No. 20-7010

Israel Santiago-Lugo v. United States

Lower Court: First Circuit
Docketed: 2021-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether the sentence was imposed under U.S.S.G. §201.1(c)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | , 1) WHETHER THE SENTENCE WAS IMPOSED UNDER U.S.S.G. §201.1(c) | TO ESTABLISH THE BASE OFFENSE, THE GUIDELINES ARE IN REAL | SENSE. THE BASIC FOR THE SENTENCE TO APPLY THE AMENDMENT 782 | ACCORD PEUGH V. U.S., 133 S.CT 2072 (2013) and MOLINA: { MARTINEZ V. U.S., 136 S.CT 1338 (2016) ? rs 2) WHETHER THE SENTENCE WAS IMPOSED UNDER 21 U.S.C. §848(a) AND (b)., THE SENTENCE IS AMBIGUOUS AND THE RULE OF LENITY 4 REQUIRES THAT THE AMBIGUITY SHOULD BE RESOLVER IN PETITIOWER"S FAVOR ACCORD U.S. V. DAVIS, 139 S.CT 2319 (2019) ? 3) WHETHER THE DISTRICT COURT'S FAILURE TO FINALICE A PRELIMINARY, AND FINAL ORDERS OF FORFEITURE AND INCORPORATE IT INTO THE JUDGMENT, ALLOW THE APPLICABILITY OF THE SUPREME COURT'S : INTERVENING DECISIONS IN HONEYCUTT V..U.S., 137 S.CT 1626 . (2017) AND NELSON V. COLORADO, 137 s.ct 1249 (2017) ? | 4) WHETHER THE COURT OF APPEALS HAS JURISDICTION TO DIRECT THE : . DISTRICT COURT TO CONFORM WITH FED.R.CRIM.P. 32.2(b)(4)(B) : BY AMENDING THE 1996 JUDGMENT WHERE THE FED.R.CRIM.P. 32.2 WAS AMENDED SUBSTANTIALLY IN 2009 ? | -i | | : t .

Docket Entries

2021-03-22
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent United States to respond filed.
2021-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2021)

Attorneys

Israel Santiago-Lugo, Israel
Israel Santiago-Lugo — Petitioner
Israel Santiago-Lugo — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent