No. 23A687

Danilo Arturo Velasquez v. United States

Lower Court: Ninth Circuit
Docketed: 2024-01-24
Status: Presumed Complete
Type: A
Tags: criminal-appeal federal-sentencing ninth-circuit rico-conspiracy sentencing-disparity statutory-interpretation
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal court's sentencing decision that creates an alleged sentencing disparity violates the proportionality requirements of 18 U.S.C. § 3553(a)

Question Presented (OCR Extract)

No question identified. : IN THE SUPREME COURT OF THE UNITED STATES APPLICATION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF CERTIORARI TO THE HONORABLE ELENA KAGAN, SUPERVISING JUSTICE FOR THE USS. COURT OF APPEALS, NINTH CIRCUIT: Danilo Velasquez (petitioner) is currently confined in a federal Bureau of Prisons facility. Under the amended judgment entered on April 24, 2022, he is serving a sentence of discretionary life in prison on count one, (RICO conspiracy—18 U.S.C. § 1962(d)) plus concurrent terms term of 120 months and 36 months on counts two (conspiracy to commit murder in aid of racketeering—18 U.S.C. § 1959(a)(5)) and three (conspiracy to commit assault with a dangerous weapon in aid of racketeering—18 U.S.C. § 1959(a)(6).) App. 5-12.! On August 16, 2023, a panel of the U.S. Court of Appeals for the Ninth Circuit filed a memorandum decision rejecting petitioner’s argument that resentencing him to life in prison resulted in an unwarranted and impermissible sentencing disparity under 18 U'S.C. § 3553(a)(6). App. 1-3. Petitioner sought rehearing and en banc review on this claim, which was denied on October 30, 2023. App. 4. Petitioner intends to revisit the legal issues implicated in his sentencing disparity claim via a petition for writ of certiorari in this Court. The petition is currently January ' App.=Attached

Docket Entries

2024-01-28
Application (23A687) granted by Justice Kagan extending the time to file until March 28, 2024.
2024-01-18
Application (23A687) to extend the time to file a petition for a writ of certiorari from January 28, 2024 to March 28, 2024, submitted to Justice Kagan.

Attorneys

Danilo Velasquez
Steven S. LublinerLaw Off of Steven S. Lubliner, Petitioner
Steven S. LublinerLaw Off of Steven S. Lubliner, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent