No. 20-8138

Eddy Pena v. United States

Lower Court: Second Circuit
Docketed: 2021-05-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-846 conspiracy conspiracy-liability controlled-substances pinkerton-doctrine reasonable-foreseeability sentencing statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Whether under 21 U.S.C. § 846 it is proper to base a defendant's sentence on the weight of all controlled substances possessed by all members of a conspiracy, so long as such possession was 'reasonably foreseeable' to the defendant

Question Presented (OCR Extract)

Question Presented Should the Court grant certiorari in order to determine whether under 21 U.S.C. § 846 (conspiracy to distribute controlled substances) it is proper to base a defendant’s sentence on the weight of all controlled substances possessed by all members of a conspiracy, so long as such possession was “reasonably foreseeable” to the defendant; and whether the Court should strike down this engrafting of the judicially-created Pinkerton doctrine of reasonable foreseeability onto the controlled substance statutes?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-06-01
Waiver of right of respondent United States to respond filed.
2021-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2021)

Attorneys

Eddy Pena
Jeremiah DonovanAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent