No. 22-5833

Carlos Alejandro Zuniga-Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2022-10-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administration-of-justice criminal-procedure federal-criminal-procedure federal-law fifth-circuit leader-organizer-role leader-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines
Key Terms:
Securities
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Whether the Fifth Circuit violated federal law in sentencing review

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to a four-level increase in sentencing points pursuant to 0,83 536. § 3Bl.1(a) because the Government did not show by a preponderance of the evidence that Carlos Alejandro Zuniga-Garcia acted in the role of a leader or organizer; and because the proper application of the sentencing guidelines is of exceptional importance to the administration of justice in federal criminal cases, this Court should decide this question and, upon review, should reverse the judgment of the Fifth Cireuit. aL.

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-10-18
Waiver of right of respondent United States to respond filed.
2022-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)

Attorneys

Carlos Zuniga-Garcia
Yolanda Evette JarmonLaw Office of Yolanda Jarmon, Petitioner
Yolanda Evette JarmonLaw Office of Yolanda Jarmon, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent