No. 19-5346

Jose Martinez v. United States

Lower Court: Second Circuit
Docketed: 2019-07-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment
Key Terms:
DueProcess Privacy
Latest Conference: 2020-02-21 (distributed 3 times)
Question Presented (AI Summary)

Whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. A writ of certiorari is requested to determine whether this Court’s decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution. 2. A writ of certiorari is requested to determine whether a district court errs when it fails to give an instruction to the jury on the buyer-seller defense when requested. 3. A writ of certiorari is requested to review whether it is permissible for a trial court to repeatedly advise defense counsel in front of the jury that he would have the opportunity to crossexamine the Government’s witnesses. 4. A writ of certiorari is requested to determine whether Jose Martinez’s conviction on Count One is supported by sufficient evidence to prove his guilt beyond a reasonable doubt.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-03
Rescheduled.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-12
Brief of respondent United States of America in opposition filed.
2019-10-03
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2019.
2019-10-02
Motion to extend the time to file a response from October 11, 2019 to November 12, 2019, submitted to The Clerk.
2019-09-11
Response Requested. (Due October 11, 2019)
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-08
Waiver of right of respondent United States of America to respond filed.
2019-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)

Attorneys

Jose Martinez
Jillian Spitzer HarringtonJillian S. Harrington, Attorney at Law, Petitioner
Jillian Spitzer HarringtonJillian S. Harrington, Attorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent