No. 19-5785

Raul Zapata-Dominguez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness
Latest Conference: 2019-10-11
Question Presented (from Petition)

I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonable under the Fourth Amendment, constitutionally overbroad and vague, statutorily unreasonable, and a greater deprivation of liberty than is reasonably necessary?

II. Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt?

Question Presented (AI Summary)

Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonable under the Fourth Amendment

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-12
Waiver of right of respondent United States of America to respond filed.
2019-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2019)

Attorneys

Raul Zapata-Dominguez
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent