No. 18-6207

Manuel Ernesto Paiz Guevara v. United States

Lower Court: Fourth Circuit
Docketed: 2018-10-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation
Key Terms:
Punishment
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fourth Circuit erred in denying the defendant's request for two attorneys in a capital case

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourth Circuit erroneously held — in conflict with the plain language of 18 U.S.C. § 3005 and in conflict with a 45-year split between the Fourth Circuit and the other circuits — that a trial court has the discretion to deny a defendant’s request for two attorneys, when the defendant stands indicted for a capital crime but the government chooses not to seek the death penalty. 2. Whether the mandatory life without parole sentencing scheme under 18 U.S.C. § 1959, as applied to an adult teenage defendant such as Guevara, violates the adult teenager’s Eighth Amendment rights under the U.S. Constitution in conflict with this Court’s reasoning in Miller v. Alabama, 132 S. Ct. 2455 (2012), by barring the district court from considering his youth, life history, and other important mitigating factors — such as evidence that, unlike his co-defendants, Guevara took no part in the planning of the murder, neither directed nor supervised any of his co-defendants’ criminal conduct, was not a member of the gang, and participated in the stabbing after his co-defendants, and only after being threatened and forced by them to do so.

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-01-28
Brief of respondent United States in opposition filed.
2018-12-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 28, 2019.
2018-12-18
Motion to extend the time to file a response from December 28, 2018 to January 28, 2019, submitted to The Clerk.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2018.
2018-11-20
Motion to extend the time to file a response from November 28, 2018 to December 28, 2018, submitted to The Clerk.
2018-10-29
Response Requested. (Due November 28, 2018)
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)

Attorneys

Manuel Guevara
William Michael Chick Jr.Carroll & Nuttall, PC, Petitioner
William Michael Chick Jr.Carroll & Nuttall, PC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent