Danilo Velasquez v. United States
HabeasCorpus
Whether the petitioner's continued life sentence represents an unwarranted sentencing disparity under 18 U.S.C. § 3553(a)(6)
QUESTION PRESENTED | Following the grant of petitioner's section 2255 motion, the district court resentenced petitioner to discretionary life in this RICO gang case. This occurred after Jaime Balam, the gang member who had fired the fatal shots in the principal incident had been mistakenly deported, extradited, and then sentenced to 27 1/2 years after he was allowed to plead guilty to spare the government litigation risks : and spare the victims’ families a second trial. Does petitioner’s continued life sentence represent an unwarranted , sentencing disparity under 18 U.S.C. § 3553(a)(6) because 1) it was grounded in impermissible considerations given the leniency shown Balam and 2) the difference between the two sentences is so much greater than the leniency afforded under the Guidelines for acceptance of responsibility that the result unfairly punished petitioner for exercising his constitutional right to jury trial? ; i