No. 21-5723

Juan Manuel Pardo-Oseguera v. United States

Lower Court: Fifth Circuit
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure plain-error presentence-report safety-valve sentencing sentencing-reduction statutory-minimum weapons-enhancement
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Whether the failure to include a safety-valve reduction is a plain error that should be corrected by the district court and appellate court

Question Presented (OCR Extract)

QUESTIONS PRESENTED A defendant in a federal criminal case, under the appropriate circumstances, is eligible for a reduction of 2 offense levels and to be sentenced without regard to any statutory minimum sentence if the court finds at sentencing that the defendant is eligible for the "safety-valve" provision set forth in 18 U.S.C. § 3553(f) and § 5C1.2 of the United States Sentencing Guidelines. The questions presented are: 1. Where the United States Probation Officer does not include in the Presentence Report a recommendation for the application of the "safety-valve" reduction and limitation on the statutory minimum for an eligible defendant, and counsel does not object to the lack of such safety-valve reduction, is the failure to include the safety-valve reduction (a) a plain error which the district court should have corrected in its oversight of sentencing and (b) a plain error which should be corrected by the appellate court? 2. Is the failure to include a safety-valve reduction, based on the assumption that a defendant in ineligible if he has a weapons enhancement applied at sentencing, which enhancement requires the defendant to overcome the weapons possession allegation using a "clearly improbable" standard, a significant procedural error where the defendant can show his entitlement to the safety-valve under a preponderance of the evidence standard, thereby becoming entitled to the safety-valve reduction?

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-24
Waiver of right of respondent United States to respond filed.
2021-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

Juan Pardo-Oseguera
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent