Jose Sanchez Adame v. United States
DueProcess
Whether a district court may deny a Retroactive Amendment Reduction under 18 USC § 3582(c)(2) based solely on documents on the record that the defendant has not received, and whether such denial violates due process or equal protection when it prevents the defendant from benefiting from guideline amendments
1. Whether a district court may point to documents on the record that endant has complained of not having recieved as the only iustification for denying a Retroactive Amendment Reduction under 18 USC § 3582(c)(2).a def2. Whether a circuit court of appeals may affirm the denial of a motion under 18 USC § 3582(c)(2) when said motion was denied based on information that has been withheld from the defendant alone. 3. Whether this Court s previous holdings prohibiting sentencing based secret information in capital cases should be applied toward non-capital sentencing proceedings.on 4. Whether it violates either Due Process protections or Equal Treatment pro tections under the 5th Amendment to fail in calculating A previous retro active Guideline Amendment's change to a defendant's guideline range when including such would result in the current sentence being outside of the applicable guideline range and the district court had previously denied the prior retroactive amendment application based solely on the fact that it had granted a downward departure at original sentencing to account for the previous retroactive guideline prior to its passage, and a failure to include such means that effectively all future retroactive amendments to the guidelines make the defendant unable to avail himsfelf ofltheir benefit due solely to the previous downward departure at sentencing .creating a potential situation that leaves the defendant with a higher sentence-than he would receive at the time of the retroactive amendment andsame a disparate ' sentence with all others who qualify and are similarly situated absent the original retroacitve amendment's denial. i Related Cases unknown (prisoner Pro Se has to legal materials) ii