No. 24-5105

Heclouis Nieves-Diaz v. United States

Lower Court: First Circuit
Docketed: 2024-07-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: agreement circuit-split conspiracy controlled-substance controlled-substance-offense criminal-law overt-act sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the United States Sentencing Guidelines' definition of a 'controlled substance offense' is limited to only those state and federal crimes that categorically match the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, or whether it does not

Question Presented (OCR Extract)

QUESTION PRESENTED The United States Sentencing Guidelines define a “controlled substance offense” to include “the offense[] of conspiring to commit such offenses.” The question presented is whether this provision is limited to only those state and federal crimes that categorically match the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, as two circuits have held, or whether it does not, as six circuits have held. i PARTIES Heclouis Nieves-Diaz, Petitioner, was the defendantappellant below. The United States of America, Respondent, was the plaintiff-appellee below.

Docket Entries

2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-07-30
Waiver of United States of right to respond submitted.
2024-07-30
Waiver of right of respondent United States to respond filed.
2024-07-16

Attorneys

Heclouis Nieves-Diaz
Franco Lorenzo Perez RedondoFederal Public Defender, District of Puerto Rico, Petitioner
Franco Lorenzo Perez RedondoFederal Public Defender, District of Puerto Rico, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent