No. 20-5115

Gerson Serrano-Ramirez v. United States

Lower Court: Sixth Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue
Latest Conference: 2020-09-29
Question Presented (from Petition)

Mr. Gerson Serrano-Ramirez was tried and convicted on in the United States District Court for the Middle District of Tennessee. Prior to and during trial, the District Court made various erroneous rulings that prevented Mr. Serrano-Ramirez from receiving a fair trial to which he is entitled.

I. THE DISTRICT COURT ERRED WHEN IT DENIED MR. SERRANO-RAMIREZ'S MOTION TO SEVER OFFENSES

II. THE DISTRICT COURT ERRED WHEN IT IMPROPERLY PERMITTED THE GOVERNMENT TO SOLICT EVIDENCE IN CONTRAVENTION OF FEDERAL RULE OF EVIDENCE 404(b)

III. THE DISTRICT COURT ERRED WHEN IT FAILED TO PROHIBIT THE GOVERNMENT FROM REFERENCING MR. SERRANO-RAMIREZ'S ALLEGED GANG AFFLIATION

IV. THERE IS INSUFFICIENT EVIDENC E TO SUPPORT MR. SERRANO-RAMIREZ'S CONVICTION IN COUNT FIVE OF THE SUPERSEDING INDICTMENT AS THERE WAS NO PROOF THE WEAPON WAS AN AUTHENTIC FIREARM

V. THERE IS INSUFFICIENT EVIDENCE TO SUPPORT MR. SERRANO-RAMIREZ'S CONVICTION IN COUNT EIGHT OF THE SUPERSEDIN G INDICTMENT AS THERE WAS INSUFFICIENT EVIDENCE HE WAS MAINTAINING A PREMISES FOR THE PURPOSE DISTRIBUTING CONTROLLED SUBSTANCES

VI. THERE IS INSUFFICIENT EVIDENCE TO SUPPORT MR. SERRANO-RAMIREZ'S CONVICTION IN COUNTS FOUR AND SIX AS THERE WAS INSUFFICIENT PR OOF PRESENTED TO ESTABLISH THAT MR. SERRANO RAMIREZ WAS IN POSSESSION OF A CONTROLLED SUBSTANCE

Question Presented (AI Summary)

Whether the district court erred in its rulings that prevented the defendant from receiving a fair trial

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-27
Waiver of right of respondent United States of America to respond filed.
2020-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

Gerson Serrano-Ramirez
Manuel Benjamin RussManuel B. Russ, PLLC, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent