No. 18-8717

Hanoi Barbaro Acosta v. United States

Lower Court: Ninth Circuit
Docketed: 2019-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 actual-innocence certificate-of-appealability due-process federal-petitioner federal-procedure habeas-corpus judicial-proceedings slack-v-mcdaniel
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Does the blanket denial of a certificate of appealability by the district court violate the rule announced in Slack v. McDaniel?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. DOES THE BLANKET DENIAL OF A CERTIFICATE OF APPEALABILITY BY THE DISTRICT COURT VIOLATE THE RULE ANNOUNCED IN SLACK V. MCDANIEL? II. DOES 28 U.S.C. § 2244(d)(2) OR IT'S PRINCIPLES APPLY TO FEDERAL PEPITIONERS? = 2 i: III. WAS THE DECISION OF THE DISTRICT COURT AND THE NINTH CIRCUIT COURT OF APPEALS SO FAR DEPARTED FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS AS TO CALL FOR AN EXERCISE OF THIS COURT'S SUPERVISORY POWER? : Iv. IS THE PETITIONER ACTUALLY INNOCENT OF THE GUIDELINES ENHANCE: MENT IN LIGHT OF ESQUIVEL-QUINTANA V. SESSIONS?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-16
Waiver of right of respondent United States to respond filed.
2019-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2019)

Attorneys

Hanoi Acosta
Hanoi Barbaro Acosta — Petitioner
Hanoi Barbaro Acosta — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent