No. 18-9699

Jose Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2019-06-18
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: alleyne alleyne-v-united-states criminal-law drug-statute due-process flores-figueroa mens-rea sentencing statutory-interpretation strict-liability
Key Terms:
DueProcess
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the 'knowingly or intentionally' mens rea in 21 U.S.C. §§ 841(a) and 960(a) applies to the offense elements of drug type and drug quantity in 21 U.S.C. §§ 841(b) and 960(b)

Question Presented (OCR Extract)

QUESTIONS PRESENTED I In light of Flores-Figueroa v. United States, 556 U.S. 646 (2009), does the “knowingly or intentionally’ mens rea contained in 21 U.S.C. §§ 841(a) and 960(a) apply to the offense elements of drug type and drug quantity found in 21 U.S.C. §§ 841(b) and 960(b)? IL In light of the “aggravated offenses” created by the severe mandatory minimum prison sentences in 21 U.S.C. §§ 841(b)(1)(A) and 960(b)(1), do Alleyne v. United States, 133 S. Ct. 2151 (2013), and the Due Process Clause require the application of the mens rea contained in §§ 841(a) and 960(a) to the offense elements of drug type and drug quantity found in §§ 841(b) and 960(b)? 1

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-24
Reply of petitioners Jose Garcia, et al. filed.
2020-01-10
Brief of respondent United States of America in opposition filed.
2019-12-11
Motion to extend the time to file a response is granted and the time is further extended to and including January 10, 2020.
2019-12-09
Motion to extend the time to file a response from December 13, 2019 to January 10, 2020, submitted to The Clerk.
2019-11-08
Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2019.
2019-11-07
Motion to extend the time to file a response from November 14, 2019 to December 13, 2019, submitted to The Clerk.
2019-10-07
Motion to extend the time to file a response is granted and the time is further extended to and including November 14, 2019.
2019-10-04
Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
2019-09-05
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2019.
2019-09-04
Motion to extend the time to file a response from September 13, 2019 to October 15, 2019, submitted to The Clerk.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-24
Waiver of right of respondent United States of America to respond filed.
2019-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2019)

Attorneys

Jose Garcia, et al.
Evan Gray HowzeOffice of the Federal Public Defender, Southern District of Texas, Petitioner
Evan Gray HowzeOffice of the Federal Public Defender, Southern District of Texas, Petitioner
Kayla GassmannFederal Public Defender for the Southern District of Texas, Petitioner
Kayla GassmannFederal Public Defender for the Southern District of Texas, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent