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Dontour D. Drakes v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-30091 · judgment October 14, 2020

Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. WHETHER A CAREER OFFENDER WHO PROVIDED SUBSTANTIAL ASSISTANCE WHOSE SENTENCING JUDGE-VARIED FROM THE INITIAL INTRODUCED CAREER OFFENDERS i GUIDELINES; IS THE JUDGE'S CONCLUDED GUIDELINE RANGE THE NEW STARTING POINT FOR PURPOSES'OF AMENDMENT 782 (minus two levels) PARALLELED WITH UNITED STATES V. HUGHES, 138 S. Ct. 1765, 1776-77 (2018) THUS ELIGIBLE UNDER 18 U.S.C. § 3582(c)(2) FOR CONSIDERATION FOR THE MINUS TWO LEVELS? 2c DOES HUGHES', Id., HOLDING APPLY TO CASES WHERE THE SENTENCING JUDGE •VARIED FROM THE INITIAL INTRODUCED CAREER OFFENDER GUIDELINE RANGE OR ; CATEGORY BASED ON SUBSTANTIAL ASSISTANCE AND SETTLED IN A LOWER GUIDELINE RANGE OR CATEGORY; IS THE CONCLUDED DEPARTED GUIDELINE RANGE OR CATEGORY THE DEFENDANTS' NEW STARTING POINT FOR PURPOSES OF THE MINUS TWO LEVELS UNDER AMENDMENT 782 GIVEN 18 U.S.C. § 3582 (c)(2) DOES NOT PROHIBIT REDUCTIONS BASED ON RETROACTIVE AMENDMENTS IN SUBSTANTIAL ASSISTANCE CASES?

Counsel of record

For petitioner
Dontour D. Drakes

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
20M102

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 14 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 12 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  4. Jun 28 2021
    Motion (20M102) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  5. Jun 08 2021
    MOTION (20M102) DISTRIBUTED for Conference of 6/24/2021.
  6. Mar 02 2021
    Motion (20M102) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  7. Mar 02 2021
    Petition for a writ of certiorari filed. (Response due July 28, 2021)
    PetitionAppendixProof of Service