Donato Amaya-Rivas v. United States
DueProcess FifthAmendment Immigration Privacy JusticiabilityDoctri
Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily must show a reasonable probability that he would not have pled guilty
QUESTIONS PRESENTED When Mr. Amaya-Rivas pled guilty, the court did not inform him of his constitutional rights to trial by jury, to confront and cross-examine adverse witnesses : at trial, to be protected from compulsory self-incrimination, to testify and present evidence, to compel the attendance of witnesses, and to be represented by counsel at trial. Nothing in the record affirmatively shows that Mr. Amaya-Rivas knew he had these rights. The questions presented are: L Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily must show a reasonable probability that he would not have pled guilty. Il. Whether a sentence is unconstitutional when a prior conviction, not admitted ; by the defendant when he pled guilty, causes the sentence to exceed the otherwise applicable statutory maximum. F