No. 23-6466

Edgar Lerma Flores, aka Carlos Alberto Penuelas Rodriguez, aka Carlos Alberto Pencelas Rodriguez v. United States

Lower Court: Sixth Circuit
Docketed: 2024-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 abuse-of-discretion extraordinary-compelling-reason extraordinary-reason guideline-ranges methamphetamine-disparity methamphetamine-purity sentencing-guidelines sentencing-reduction sixth-circuit
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-02-16
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW : “Gan the disparity in Guideline ranges for offenses involving pure methamphetamine and those involving a mixture of methamphetamine be considered as an extraordinary compelling reason warranting reduction pursuant to 18 U.S.C. § 3582? Is the Sixth Circuit abusing its discretion by relying on the purity equals culpability scheme for the 10-to-1 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). li ; .

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2023-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2024)

Attorneys

Edgar L. Flores
Edgar Lerma Flores — Petitioner
Edgar Lerma Flores — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent