No. 19-6284

Jose L. Cabrera-Cosme v. United States

Lower Court: First Circuit
Docketed: 2019-10-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a reasonable jurist could find debatable Petitioner's Sixth Amendment was violated

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whetehr a reasonable jurist could find debatable Petitioner's Sixth Amendment was violated when the district court sentenced him to life without any «.. possibility of parole based on-§ 2A1.1 cross refere . nee, (First Degree Murder), that was not charged in the indictment ? 2. Should certiorari issue to confirm that the Sixth : Amendment right to a jury trial prohibits judges from basing sentences on uncharged or acquitted conduct; and overturn United States v. Watts / McMillin v. Penn sylvania ?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-11-29
Petition for Rehearing filed.
2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-25
Supplemental brief of petitioner Jose L. Cabrera-Cosme filed. (Distributed)
2019-10-23
Waiver of right of respondent United States to respond filed.
2019-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2019)

Attorneys

Jose L. Cabrera-Cosme
Jose L. Cabrera-Cosme — Petitioner
Jose L. Cabrera-Cosme — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent