Ismael Lopez v. United States, et al.
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Whether mandatory sentences are constitutional
QUESTIONS PRESENTED Whether mandatory sentences, as a whole or in part, are constitutional and should be replaced with factor-based analysis under §3553, in conjunction with the totality of the circumstances, proportionality test, and the evolving standards of decency in modern society, especially when a defendant is a young adult or convicted under accomplice liability? Whether the evidence presented at trial was legally sufficient to establish the essential elements of the charges and not in violation of the Fifth Amendment. Specifically, was the mens rea element of the aiding and abetting charge relative to the VICAR counts proven beyond a reasonable doubt and was there sufficient nexus between Mr. Lopez’s weapon possession and any alleged drug trafficking to prove the charge?