No. 21-6803

Javier Rosales v. United States

Lower Court: Fifth Circuit
Docketed: 2022-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion amendment-782 discretion drug-conspiracy due-process fifth-amendment opportunity-to-be-heard retroactive-amendment sentence-reduction sentencing sentencing-guidelines
Key Terms:
SocialSecurity Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the Fifth Circuit erred in deciding that the District Court's order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of discretion

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1..Whether the Fifth Circuit erred in deciding that the District Court's "order denying relief under 18 U.S.C. § 3582(c)(2) did not comprise an abuse of discretion, in contravention of precedential decisions of this Court and in conflict with rulings of its sister Courts of Appeals, where the District Court (a) invented speculative extra-record material to , effectively off et the reduction under Amendment 782 to the U.S. Sentencing Guidelines Manual, and (b) failed to provide full _and fair opportunity for either party to present their positions as to ; . the issue invented by the Court. — . . : : CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED _ The matter before this Court involves individual rights secured by ‘the Fifth Amendment to the United States Constitution, particularly due process and degree of punishment by revocation of personal liberty. The issue is based in 18 U.S.C. § 3582(c)(2) and Amendment 782 to the U.S. ; Sentencing Guidelines, i.e., the "all drugs minus two" retroactive act ty the Sentencing Commission and reduction of sentence under § 3582(c)(2).

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
Waiver of right of respondent United States to respond filed.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)

Attorneys

Javier Rosales
Javier Rosales — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent