No. 20-8383

Franklin Antonio Rios v. United States

Lower Court: Fourth Circuit
Docketed: 2021-06-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-history criminal-history-category drug-conspiracy firearm-charges first-step-act fourth-amendment mandatory-minimum mandatory-minimum-sentences offense-level sentencing-guidelines
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States of America to respond filed.
2021-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2021)

Attorneys

Franklin Rios
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent