No. 18-6816

Vicente Garcia v. United States

Lower Court: Seventh Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED {1] WHETHER THE SEVENTH CIRCUIT COURT OF APPEALS ERRED IN ITS HOLDING THAT GARCIA HAD FAILED TO SHOW A DENIAL OF HIS CONSTITUTIONAL SIXTH AMENDMENT RIGHTS, WHEN [ANOTHER PANEL] OF THIS CIRCUIT COURT HELD THAT "AN ATTORNEY'S FAILURE TO OBJECT TO AN ERROR IN THE COURT'S GUIDELINES CALCULATION THAT RESULTS IN A LONGER SENTENCE FOR THE DEFENDANT CAN. DEMONSTRATE CONSTITUTIONALLY INEFFECTIVE PERFORMANCE? [2] WHETHER THE SEVENTH CIRCUIT CCURT OF APPEALS ERRED IN HOLDING THAT JOHNSON v. UNITED STATES, 135 S.Ct.-2551 (2015) WAS INAPPLICABLE TO GARCIA'S ARGUMENT --THAT HIS CONVICTION UNDER 18 ; U.S.C. § 924(c) WAS NOW INVALID--, WHEN THE DISTRICT COURT OMITTED FROM IT'S ANALYSIS THE "CAUSING [ANY] INJURY" ELEMENT , FROM THE ILLINOIS STATUTE FOR "AGGRAVATED BATTER WITH A FIREARM IN VIOLATION OF 720 1.L.C.S. 5/12-4.2? , i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Waiver of right of respondent United States to respond filed.
2018-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Vicente Garcia
Vicente Garcia — Petitioner