Franklin Antonio Rios v. United States
JusticiabilityDoctri
Whether the district court erred in raising the petitioner's criminal-history-category and offense-level to achieve a comparable sentence after the First-Step-Act reduced the mandatory-minimum-sentences
QUESTION PRESENTED I. WHETHER, AFTER THE PETITIONER PLED GUILTY TO A DRUG CONSPIRACY AND TWO FIREARM CHARGES UNDER 18 U.S.C. § 924(0), RESULTING IN MANDATORY MINIMUM SENTENCES TOTALING 35 YEARS, THE FIRST STEP ACT INTERVENED AND REDUCED THE MANDATORY MINIMUM SENTENCES TO 15 YEARS, THE DISTRICT COURT ERRED IN RAISING THE PETITIONERS CRIMINAL HISTORY CATEGORY FROM IV TO VI UNDER GUIDELINE § 4A1.3 AND RAISING HIS OFFENSE LEVEL FROM 29 TO 87 UNDER GUIDELINE § 5K2.8, IN ORDER TO ACHIEVE A COMPARABLE SENTENCE OF 408 MONTHS. ii