No. 18-8169

In Re Alfredo Aguirre

Lower Court: N/A
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado presumption-of-innocence retroactivity sentencing sentencing-enhancement
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to cases on collateral review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Court should issue a writ of habeas corpus . on the ground that Nelson v. Colorado, has been or should be made retroactively applicable to cases on collateral review? 2. Whether the decision in Nelson v.. Colorado has overruled {sub silentio] the prior precedent in United States v. Watts. 3. Whether the use of acquitted conduct, or offenses for which there is no final conviction, to enhance a sentence, violates due process. 4. Whether under the Supreme Court decision under Nelson, a criminal defendant's presumption of innocence is restored, when charges are dismissed, acquitted, or uncharged. ii.

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent UNITED STATES to respond filed.
2018-10-15
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Alfredo Aguirre
Alfredo Aguirre — Petitioner
Alfredo Aguirre — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent