No. 18-5957

Raul Arcila v. United States

Lower Court: Ninth Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice
Key Terms:
DueProcess
Latest Conference: 2018-10-12
Related Cases: 18-6016 (Vide)
Question Presented (AI Summary)

Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the District Court committed plain error by allowing the government to convert a sentencing factor, “resulting in death,” under 21 USC §841(b)(1)(c) into a proximate cause element and then prove that sentencing factor to a jury through evidence about the evils of heroin that was irrelevant and unfairly prejudicial.

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-17
Waiver of right of respondent United States to respond filed.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Raul Arcila
Matthew A SchindlerAttorney, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent