No. 18-8506

Jose Jaime Lopez v. United States

Lower Court: Seventh Circuit
Docketed: 2019-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-846 7th-circuit 7th-circuit-precedent 851-colloquy abuse-of-statute appellate-review attempt-charge attempt-conviction civil-rights criminal-procedure drug-deal due-process indigent indigent-defendant indigent-status prior-conviction reasonable-doubt right-to-counsel seventh-circuit speculation standing substantial-step
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether petitioner was deprived of the right to counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1). WHETHER PETITIONER WAS DEPRIVED OF THE RIGHT TO COUNSEL BY THE U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT'S FAILURE TO APPOINT COUNSEL AFTER PETITIONER DEMONSTRATED THAT HE WAS INDIGENT AND THAT HE COULD NO LONGER AFFORD COUNSEL? 2). WHETHER THE DISTRICT COURT FAILED TO PROVE ATTEMPT CONVICTION BEYOND A REASONABLE DOUBT? 3). WHETHER § 851(b) COLLOQUY ERROR WAS NOT HARMLESS? 4). WHETHER THE UNDERLYING CONVICTION IS IN DIRECT CONFLICT WITH SEVENTH CIRCUIT PRECEDENT? 5). WHETHER PETITIONER WAS IMPROPERLY CHARGED WITH ATTEMPT? 6). WHETHER THE SIMPLE NEGOTIATION OF A DRUG DEAL CONSTITUTES AN ATTEMPT CHARGE? 7). WHETHER THE ATTEMPT STATUTE OF 21 U.S.C. § 846 REQUIRES THE PRESENCE OF DEFENDANT? 8). WHETHER THE SEVENTH CIRCUIT IS REQUIRED TO SPECIFY THE SUB. STANTIAL STEP CONDUCT TO THAT. SUSTAINS THE CONVICTION? 9). WHETHER THE FAILURE TO PRODUCE THE DOCUMENTS TO SUPPORT PRIOR 1999 CONVICTION DEPRIVES PROOF BEYOND A REASONABLE DOUBT? 10). WHETHER THE UNDERLYING CONVICTION IS BASED ON THE ABUSE OF THE ATTEMPT STATUTE? 11). WHETHER THE UNDERLYING CONVICTION IS BASED ON SPECULATION? PARTIES All parties appear in the caption on the cover page. . a i.

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-28
Waiver of right of respondent United States to respond filed.
2019-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Jose Lopez
Jose Jaime Lopez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent