Edgar Lerma Flores, aka Carlos Alberto Penuelas Rodriguez, aka Carlos Alberto Pencelas Rodriguez v. United States
Can the disparity in Guideline ranges for offenses involving substance containing methamphetamine and those involving a pure methamphetamine be considered as an extraordinary and compelling reason warranting reduction pursuant to 18 U.S.C. § 3582 (c)(1)(A) after the sentencing commissions changes on Nov. 1, 2023?
Is the Sixth Circuit abusing its discretion by relying on the purity equals culpability scheme for the 10-to-l methamphetamine disparity if abuse of discretion occurs when a district relies on erroneous findings of fact. United States v Pembrook, 609 F 3d 381, 382 (6th Cir. 2010).
Whether the disparity in Guideline ranges for offenses involving pure methamphetamine and those involving a mixture of methamphetamine can be considered as an extraordinary compelling reason warranting reduction pursuant to 18 U.S.C. § 3582