No. 19-6282

Aldo Salazar-Martinez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-17
Status: Denied
Type: IFP
IFP
Tags: alleyne-v-united-states criminal-law drug-offenses drug-statute due-process federal-criminal-code flores-figueroa-v-united-states mens-rea rehaif-v-united-states statutory-interpretation strict-liability
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

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

Question Presented (from Petition)

QUESTION PRESENTED Whether, in light of Flores-Figueroa v. United States, 556 U.S. 646 (2009), Rehaif v. United States, 139 S. Ct. 2191 (2019), and Alleyne v. United States, 133 S. Ct. 2151 (2013), and the Due Process Clause, the “knowingly or intentionally” mens rea contained in 21 U.S.C. § 960(a) applies to the offense elements of drug type and drug quantity found in 21 U.S.C. § 960(b). 1

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-21
Reply of petitioner Aldo Salazar-Martinez, et al. filed.
2020-02-14
Brief of respondent United States of America in opposition filed.
2020-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 14, 2020.
2020-01-10
Motion to extend the time to file a response from January 17, 2020 to February 14, 2020, submitted to The Clerk.
2019-12-11
Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2020.
2019-12-10
Motion to extend the time to file a response from December 18, 2019 to January 17, 2020, submitted to The Clerk.
2019-11-14
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
2019-11-13
Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
2019-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2019)

Attorneys

Aldo Salazar-Martinez, et al.
Scott Andrew MartinFederal Public Defender, Petitioner
Scott Andrew MartinFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent