No. 19-6021

Ricardo Valles De La Rosa v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing
Key Terms:
DueProcess
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals' affirmance of the petitioner's guilty-plea sentence violated petitioner's due process rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : ‘ WHETHER THE FIFTH CIRCUIT COURT OF APPEALS! AFFIRMANCE OF THE PETITIONER'S : GUILTY-PLEA SENTENCE VIOLATED PETITIONER'S DUE PROCESS RIGHTS UNDER, AND . _ THIS COURT'S PRECEDENCE IN, BRAXTON V. UNITED STATES, 500 U.S. 344 (1991), WHERE IN SENTENCING THE PETITIONER TO LIFE IMPRISONMENT, THE DISTRICT COURT RELIED ON OTHER, MORE SEVERE OFFENSES THAN THAT WHICH THE PETITIONER STIPULATED AND ACREED TO IN THE WRITTEN PLEA AGREEMENT AND FACTUAL STIPULATION, SUPPORTING THE GUILTY PLEA, AND WHETHER THESE SAME ACTIONS BY THE DISTRICT COURT ALSO VIOLATED THIS COURT'S HOLDINGS IN NELSON V. COLORADO, 137 S.CT. 1249 (2017).

Docket Entries

2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Waiver of right of respondent United States to respond filed.
2019-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2019)

Attorneys

Ricardo V. De La Rosa
Ricardo Valles De La Rosa — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent