Vincent Giattino v. United States
DueProcess Punishment HabeasCorpus
Whether the lower courts erred in not finding an 'extraordinary reason' for sentencing relief under 18 U.S.C. Section 3582 based on an alleged unconstitutional trial penalty
The novel question of national significance in criminal cases presented to this Court is: 1. Whether the lower courts erred in not finding that an “extraordinary reason” existed to provide sentencing relief under 18 U.S.C. Section 3582 based upon Petitioner’s five concurrent life sentences with a consecutive thirty year sentence after being offered a Pre -Guidelines pretrial plea deal of ten years (to serve 3 to 4 years) as an unconstitutional trial penalty was imposed in violation of the Sixth Amendment Right to Trial, Fifth and Fourteenth Amendment Right to Due Process and Eighth Amendment Prohibition Against Cruel and Unusual Punishment?