No. 24-6298

Reyes Espinoza v. United States

Lower Court: Ninth Circuit
Docketed: 2025-01-14
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: criminal-activity criminal-leadership participant-threshold sentencing-enhancement sentencing-guidelines upward-adjustment
Latest Conference: 2025-02-21 (distributed 3 times)
Question Presented (AI Summary)

Whether a defendant who is part of a criminal activity can be counted towards the five-participant threshold for a leadership role enhancement under U.S. Sentencing Guidelines § 3B1.1(a)

Question Presented (OCR Extract)

United States Sentencing Guidelines § 3Bl.l(a), provides: “If the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive, increase by 4 levels. ” Given that the purpose of the Guideline is to increase punishment for defendants based on how far they extend the reach of their criminal activities beyond themselves, should the defendant be counted towards the five participants required to trigger the upward adjustment? i

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Waiver of United States of right to respond submitted.
2025-01-22
Waiver of right of respondent United States to respond filed.
2025-01-13
Motion Granted.
2025-01-13
Motion (24M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-18
MOTION (24M50) DISTRIBUTED for Conference of 1/10/2025.
2024-12-06
Motion of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2025)

Attorneys

Reyes Espinoza
Steven S. LublinerLaw Offices of Steven S. Lubliner, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent