No. 18-7138

Antonio Alvarez-Moreno v. United States

Lower Court: Ninth Circuit
Docketed: 2018-12-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights constitutional-vagueness criminal-procedure due-process firearms law-enforcement-notification sentencing-guidelines supervised-release vagueness weapon-possession
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Are these conditions unconstitutionally vague?

Question Presented (OCR Extract)

QUESTION PRESENTED The United States Sentencing Guidelines recommend that the following be treated as “standard” conditions of supervised release, to be presumptively imposed in every judgment that includes a term of supervised release: If the defendant is arrested or questioned by a law enforcement officer, the defendant shall notify the probation officer within 72 hours. The defendant shall not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person, such as nunchakus or tasers). U.S.8.G. § 5D1.3(c)(9), (10) (2018). Are these conditions unconstitutionally vague?

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-27
Waiver of right of respondent United States to respond filed.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2019)

Attorneys

Antonio Alvarez-Moreno
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent