No. 23-6827

Victor Leon-Moya v. United States

Lower Court: Eighth Circuit
Docketed: 2024-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy criminal-procedure drug-importation drug-trafficking enhancement-factors importation jurisdiction sentencing-guidelines substantive-reasonableness
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2024-03-28
Question Presented (AI Summary)

whether-defendant-directed-codefendant

Question Presented (from Petition)

QUESTION(S) PRESENTED . 1) Whether a defendant's suggestion for a codefendant to pay a supplier what the codefendant owed said supplier constitutes "directing" per USSG § 3B1.1. . 2) Whether the enhancement under USSG § 2D1.1(b)(5) and §2D1.1(b)(16)(C) applies when the only evidencé presented to support importation of any controlled substances is that the defendnat made a single trip to his home country and that an admitted supplier directs coconspirators in the United States. 3) Whether Petitioner's sentence is substantively unreasonable in Light of the district court's relieance on the above enhancements in begin" ning it's calculations. a

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent United States to respond filed.
2024-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2024)

Attorneys

United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Victor Leon-Moya
Victor Leon-Moya — Petitioner
Victor Leon-Moya — Petitioner