No. 21-6087

Maria Vargas-Luna v. United States

Lower Court: Fifth Circuit
Docketed: 2021-10-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether Petitioner's sentence violates the Sixth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approximately 10 kilograms of cocaine were found in the search of her house. Based on her criminal history, her acceptance of responsibility, and safety valve adjustment, this conduct would subject her to an advisory federal Sentencing Guidelines range of 57 to 71 months. Regardless, the court, based on its own fact-finding, held the Petitioner responsible for an additional 140 kilograms of cocaine. This judge-found fact subjected the Petitioner to an advisory Guidelines range of 108 to 135 months, and ultimately resulted in her sentence of 108 months. The question presented is whether Petitioner’s sentence violates the Sixth Amendment because its reasonableness depends upon a fact found by the court that was not admitted by the Petitioner or proved to a jury beyond a reasonable doubt. i

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-03
Waiver of right of respondent United States of America to respond filed.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

Maria Vargas-Luna
Mark Glendon ParentiParenti Law PLLC, Petitioner
Mark Glendon ParentiParenti Law PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent