No. 19-7617

Donato Amaya-Rivas v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement
Key Terms:
DueProcess FifthAmendment Immigration Privacy JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent United States to respond filed.
2020-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2020)

Attorneys

Donato Amaya-Rivas
Lynn Palmer BaileyFederal Public Defender, Petitioner
Lynn Palmer BaileyFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent