No. 25-6068

Eliezer Rosario-Ramos v. United States

Lower Court: First Circuit
Docketed: 2025-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-sentencing first-offender judicial-discretion reasonableness-review sentencing-guidelines upward-variance
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether a first-time offender's 23-year prison sentence, resulting from a 104.4% upward variance, is unreasonable due to sentencing factors and judicial discretion

Question Presented (OCR Extract)

A. Whether first offender Rosario’ s 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable because it was grounded on the fact that the victim was kind to Rosario . B. Whether first offender Rosario’ s 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable as the DC gave significant weight to facts that were not supported by the record, or that were erroneous , or speculative: that the crime resulted in death . C. Whether first offender Rosario’ s 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable because it almost reaches the 25 -year maximum statutory sentence , which is the sentence that he would have received if he had murdered the victim, when he did not commit murder.

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-11-18
Waiver of United States of right to respond submitted.
2025-11-18
Waiver of right of respondent United States to respond filed.
2025-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2025)

Attorneys

Eliezer Rosario-Ramos
Jose Ramon Olmo-RodriguezOlmo & Rodriguez-Matias, Petitioner
Jose Ramon Olmo-RodriguezOlmo & Rodriguez-Matias, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent