No. 22-5449

Antonio Rodriguez, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2022-08-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-conflict controlled-substance controlled-substance-offense drug-trafficking federal-conviction federal-drug-trafficking federal-sentencing sentencing-guidelines statutory-interpretation
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Is it obvious error to find a prior federal drug trafficking conviction is a 'controlled substance offense' under the Sentencing Guidelines when the substance trafficked is not, at the time of sentencing, categorically a federally controlled substance?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Is it obvious error to find a prior federal drug trafficking conviction is a “controlled substance offense” under the Sentencing Guidelines when the substance trafficked is not, at the time of sentencing, categorically a federally controlled substance?! 1 The same question is presented in Belducea-Mancinas v. United States, No. 22-5204 (petition for cert. filed July 25, 2022). ii No. In the Supreme Court of the United States ANTONIO RODRIGUEZ, JR., PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Antonio Rodriguez, Jr. asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on May 23, 2022.

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-08
Waiver of right of respondent United States to respond filed.
2022-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2022)

Attorneys

Antonio Rodriguez, Jr.
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent