No. 19-8005

Harrison Garcia v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-03-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure criminal-sentencing direct-appeal edwards-v-arizona first-step-act mandatory-minimum mandatory-minimums right-to-counsel sentencing sentencing-retroactivity statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether Section 403 of the First Step Act of 2018 applies where Petitioner's sentence is not final and he would no longer be subject to multiple, mandatory, consecutive sentences under § 924(c)

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether Section 403 of the First Step Act of 2018, enacted while Petitioner’s case was pending on direct appellate review, apply where his sentence is not yet final and where Petitioner would no longer be subject to multiple, mandatory, consecutive sentences under § 924(c) pursuant to the newly enacted and clarifying provisions of the Act? I. Whether the Eleventh Circuit misapplied this Court’s precedent, as set forth in Edwards v. Arizona, where Petitioner’s unrebutted, uncontroverted testimony clearly established that he unequivocally invoked his right to counsel? i

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-20
Waiver of right of respondent United States to respond filed.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2020)

Attorneys

Harrison Garcia
Harrison Garcia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent