No. 18-5615

Joel Chavira-Nunez v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw

Question Presented (OCR Extract)

QUESTION(S) PRESENTED {. Reasonable Jurist would find it debatable Whether the District Court Erred When it ignored Undisputed Facts Establishing that The Prosecution Violated their Obligation Under Brady v. Marylamd, Before they filed a Motion to Rescue the Conflicted Defense Counsel. ll. Resonable Jurist would debattable whether the District Court erred by Ignoring the prosecution's ongoing Brady obligation before Chavira-Nufiez was given a plea offer, got his attorney rescused or trial. Ill. Whether the District Court erred in denied the Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2). \V, Whether the District Court Committed Substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a). CERTIFICATE OF INETRESTED PERSONS United States v. Chavira-Nufiez The undersigned Pro-Se of record certified that the following listed persons and ‘entities as described in the fourth sentence of Rule 28.1 have an interested in the outcome of this case. Joel Chavira-Nufiez is the Petitioner; he was the defendant-appellant bellow. The United States of America is the Respondent; it was the plaintiff-appellee The following persons may have or has interest on the same are: 1.Edward a. Pluss, Office of the Federal Public Defender; 2.Harvey Abe Steinberg, Ariel Zusya Benjamin, Daniel Jon Deters, Springer & . Stienberg; | 3.John S. Tatum; 4.Kurt M. Zaner; 5.Dennis W. Hartley; 6.Malissa Rae Fowler; 7.Michele R. R. Korver; and 8.James C. Murphy. 9.The honorable John L. Kane ~ PETITION FOR A WRIT OF CERTIORARI Petitioner Joel Chavira-Nufiez respectfully petitions for a writ of certiorari to review the judgment of the United States Court of Appeals for the Tenth Circuit.. OPINION BELOW The unpublished opinion of the United States Court of Appeals for the Tenth Circuit is captioned as United States v. Joel Nufiez-Chavira, No.16-1488 and is provided in the Apendix to the Petition. [APPX, A]. The district court entered judgment 2" day of December, 2016, which the judgment is attached as an

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
Waiver of right of respondent United States to respond filed.
2018-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Joel Chavira-Nunez
Joel Chavira-Nunez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent