No. 21-5511

Jose Cesar Sanchez, et al. v. United States

Lower Court: Ninth Circuit
Docketed: 2021-08-30
Status: Denied
Type: IFP
IFP
Tags: alleyne circuit-split criminal-law drug-conspiracy foreseeability rehaif scienter sentencing sentencing-enhancement statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-03-18
Related Cases: 21-6282 (Vide)
Question Presented (AI Summary)

Should this Court grant certiorari to resolve this significant circuit split and the Ninth Circuit's failure to follow binding precedent from this Court?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW A. Like most other circuits, the Ninth Circuit has long held that an individual coconspirator convicted under 21 U.S.C. § 846 is liable only for the type and quantity of drugs that was reasonably foreseeable to her, not for the entire amount involved in the full conspiracy. Recently, the Ninth Circuit reversed course and eliminated the individual requirement of foreseeability. Now, contrary to the rule in eight other circuits, it holds that the government is not required to prove any degree of scienter on the part of an individual defendant with respect to drug type or quantity before holding them personally liable at sentencing for conspiracy-wide quantities. The rule of individual foreseeability, as recognized by these other circuits, is required by this Court’s decisions in Alleyne and Rehaif. Should this Court grant certiorari to resolve this significant circuit split and to address the Ninth Circuit’s failure to follow binding precedent from this Court? ii

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-03-01
Reply of petitioner Jose Dorado, et al. filed. (Distributed)
2021-11-29
Brief of respondent United States in opposition filed.
2021-11-08
Petition for writ of certiorari dismissed under Rule 46 only as to petitioner Tannous Fazah.
2021-11-04
Stipulation to dismiss the petition under Rule 46.1 only as to petitioner Tannous Fazah filed.
2021-10-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 29, 2021.
2021-10-21
Motion to extend the time to file a response from October 29, 2021 to November 29, 2021, submitted to The Clerk.
2021-09-23
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2021.
2021-09-22
Motion to extend the time to file a response from September 29, 2021 to October 29, 2021, submitted to The Clerk.
2021-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

Jose Dorado, et al.
Gail Ivens — Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent