No. 18-6911

Adrian Pineda-Orozco v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility affirmative-defense criminal-conviction criminal-law criminal-law-procedure duress-defense family-member fifth-circuit miscarriage-of-justice sentencing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals opinion permitting Pineda-Orasco's conviction to stand resulted in a miscarriage of justice given the longstanding presence of the the family member element of the duress defense in the Fifth Circuit?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fifth Circuit Court of Appeals opinion permitting PinedaOrasco's conviction to stand resulted in a miscarriage of justice given the longstanding presence of the the family member element of the duress defense in the Fifth Circuit? 2. Whether a defendant who raises a duress affirmative defense is precluded as a matter of law from receiving an acceptance of responsibility adjustment? ii

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Waiver of right of respondent United States to respond filed.
2018-11-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)

Attorneys

Adrian Pineda-Orozco
Gerald Conway MotonLaw Office of Gerald C. Moton, Petitioner
Gerald Conway MotonLaw Office of Gerald C. Moton, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent