No. 22-6391

Nonami Palomares v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-23
Status: Denied
Type: IFP
Amici (1)Relisted (3)IFP
Tags: criminal-history drug-crimes drug-offense federal-sentencing mandatory-minimum safety-valve sentencing-guidelines statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-03-22 (distributed 3 times)
Question Presented (AI Summary)

Whether a defendant is ineligible for relief from a mandatory minimum sentence if her criminal history runs afoul of any one of the disqualifying criteria in 18 U.S.C § 3553(f)(1), or is ineligible only if her criminal history runs afoul of all three disqualifying criteria

Question Presented (OCR Extract)

QUESTION PRESENTED Pursuant to the “safety-valve” provision of the federal sentencing statute, a defendant convicted of certain nonviolent drug crimes can obtain relief from statutory mandatory minimum sentences if, among other things, her criminal history satisfies criteria in 18 U.S.C § 3553(f)(1): she “does not have—(A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; (B) a prior 3point offense, as determined under the sentencing guidelines; and (C) a prior 2-point violent offense, as determined under the sentencing guidelines” (emphasis added). The question presented is whether a defendant is ineligible for relief from the mandatory minimum if her criminal history runs afoul of any one of the disqualifying criteria in subsections (A), (B), or (C), or is ineligible only if her criminal history runs afoul of all three disqualifying criteria, i.e., subsections (A), (B), and (C)?

Docket Entries

2024-03-25
Petition DENIED.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2023-02-22
Letter from counsel for petitioner with new authority filed.
2023-02-21
DISTRIBUTED for Conference of 2/24/2023.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-02-01
2023-01-27
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-01-23
Brief of respondent United States filed.
2023-01-20
2023-01-18
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2023.
2023-01-17
Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk.
2022-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)

Attorneys

FAMM
David John DeboldGibson, Dunn & Crutcher LLP, Amicus
David John DeboldGibson, Dunn & Crutcher LLP, Amicus
Nonami Palomares
Scott Andrew MartinFederal Public Defender, Petitioner
Scott Andrew MartinFederal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent