No. 22-7444

Julio Gonzalez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administration-of-justice base-offense-level cocaine-possession criminal-procedure criminal-sentencing culpability culpability-assessment drug-quantity fifth-circuit sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts

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 the district courts | erroneous decision to assess the Base Offense | Level at 28 pursuant to U.S.S.G 2D1.1(c) (6), | instead of a level 26 under’ U.S.S.G | 2D1.1(c) (7),when the record clearly shows that | a Base Offense Level of 26 is more consistent | with Gonzalez’ intent to purchase’ three kilograms of cocaine and truly reflects his culpability under the sentencing guidelines; | 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 Circuit. | | | i 4 | *

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States to respond filed.
2023-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2023)

Attorneys

Julio Gonzalez
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