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Jose Guadalupe Cebreros v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56843 · judgment February 22, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

Is a federal recidivist sentence enhancement based on a prior state “felony drug offense” under 21 U.S.C. § 841(b)(1)(A) invalidated when the underlying felony is subsequently reduced to a misdemeanor “for all purposes” by court order, following retroactive drug sentencing reforms in California?

Counsel of record

For petitioner
Michael Stone Romano
Stanford Law School Mills Legal Clinic Criminal De

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A1380

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 12 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 12 2018
    Reply of Jose Guadalupe Cebreros not accepted for filing. (December 12, 2018)
  4. Dec 12 2018
    Reply of Jose Guadalupe Cebreros not accepted for filing. (December 12, 2018)
  5. Dec 11 2018
    Reply of petitioner Jose Guadalupe Cebreros filed.
  6. Nov 28 2018
    Brief of respondent United States in opposition filed.
  7. Oct 19 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including November 28, 2018.
  8. Oct 18 2018
    Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
  9. Sep 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2018.
  10. Sep 19 2018
    Motion to extend the time to file a response from September 28, 2018 to October 29, 2018, submitted to The Clerk.
  11. Aug 27 2018
    Petition for a writ of certiorari filed. (Response due September 28, 2018)
  12. Jun 20 2018
    Application (17A1380) granted by Justice Kennedy extending the time to file until August 27, 2018.
  13. Jun 04 2018
    Application (17A1380) to extend the time to file a petition for a writ of certiorari from June 28, 2018 to August 27, 2018, submitted to Justice Kennedy.