No. 23-7126

Alberto Perez v. United States

Lower Court: Ninth Circuit
Docketed: 2024-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arbitrary-sentences criminal-procedure criminal-sentencing drug-offenses due-process judicial-discretion methamphetamine methamphetamine-distribution sentencing-guidelines sentencing-standards
Key Terms:
AdministrativeLaw DueProcess FifthAmendment
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Does the district court's blind reliance upon United States Sentencing Guideline § 2D1.1(c)(1)'s draconian base offense level of 38 for distribution of 'pure' methamphetamine, without considering arguments adopted by numerous district courts that the guideline is baseless and unduly harsh, result in an arbitrary sentence and violate a criminal defendant's right to due process?

Question Presented (OCR Extract)

QUESTION PRESENTED Does the district court’s blind reliance upon United States Sentencing Guideline § 2D1.1(c)(1)’s draconian base offense level of 38 for distribution of “pure” methamphetamine, without considering arguments adopted by numerous district courts that the guideline is baseless and unduly harsh, result in an arbitrary sentence and violate a criminal defendant’s right to due process? ii

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-04-05
Waiver of right of respondent United States to respond filed.
2024-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2024)

Attorneys

Alberto Perez
Kenneth M. Miller — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent