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Guevara v. United States

Pending Petition
Docket No.15-7832
Op. Below9th Cir.

Issue

(1) Whether Petitioner's sentence should be reversed because the district court erred in imposing a 16-level enhancement based on Petitioner's prior conviction under California Health & Safety Code " 11351; (2) whether Petitioner's sentence should be reversed because the district court erred in denying a departure for cultural assimilation under United States Sentencing Guidelines "2L1.2; and (3) whether Petitioner's sentence should be reversed because the district court failed to reasonably consider the sentencing factors set forth in 18 U.S.C. § 3553.

Proceedings & orders timeline

Jan 15, 2016
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2016)
Feb 5, 2016
Waiver of right of respondent United States to respond filed.
Feb 11, 2016
DISTRIBUTED for Conference of February 26, 2016.
Feb 19, 2016
Response Requested . (Due March 21, 2016)
Mar 16, 2016
Order extending time to file response to petition to and including April 20, 2016.
Apr 13, 2016
Order further extending time to file response to petition to and including May 20, 2016.
May 20, 2016
Brief of respondent United States filed.
Jun 8, 2016
DISTRIBUTED for Conference of June 23, 2016.
Jun 27, 2016
DISTRIBUTED for Conference of June 27, 2016.
Jun 28, 2016
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Mathis v. United States, 579 U. S. ___ (2016).
Aug 1, 2016
JUDGMENT ISSUED

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