No. 18-6308

Edwin Hernandez v. United States

Lower Court: Second Circuit
Docketed: 2018-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing
Key Terms:
DueProcess
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Second Circuit err in finding that the district court’s charge correctly stated the requirements for the duress defense. 2. Did the Second Circuit err in finding that the court properly considered the acquitted conduct as relevant conduct for sentencing purposes, where the jury may have acquitted petitioner upon a finding that the affirmative defense of duress had been established. i List of All Parties The caption of the case in this Court contains the names of all parties. ii

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Waiver of right of respondent United States to respond filed.
2018-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Edwin Hernandez
Murray SingerMurray E. Singer Esq., Petitioner
Murray SingerMurray E. Singer Esq., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent