No. 20-7694

Eusebio Escobar de Jesus v. United States

Lower Court: First Circuit
Docketed: 2021-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 circuit-split compassionate-release due-process fifth-amendment first-step-act sentencing statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether the First Circuit erred in affirming the denial of Petitioner's Motion for Compassionate Release under the First Step Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the First Circuit erred in affirming the denial of Petitioner's Motion for Compassionate Release under the First Step Act, which the District Court analyzed under 18 U.S.C. § 3582 (c)(2), while the Fourth and Second Circuits hold that such Compassionate Release Motions are to be analyzed under 18 U.S.C. § 3582 (c)(1)(A). . 2. Whether the District Court violated the Fifth Amendment's Due Process Clause, when it did not quote or analyze the text of the First Step Act or cite any cases that addressed Motions for Compassionate Release filed pursuant to the First Step Act. ; -ii

Docket Entries

2021-05-17
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-19
Waiver of right of respondent United States to respond filed.
2021-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2021)

Attorneys

Eusebio Escobar de Jesus
Eusebio Escobar De Jesus — Petitioner
Eusebio Escobar De Jesus — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent