No. 20-5743

Johnny Melendez v. United States

Lower Court: First Circuit
Docketed: 2020-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-criminal-act constitutional-rights ineffective-assistance narcotics-possession prior-conviction right-to-counsel sentencing sentencing-enhancement
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether counsel rendered ineffective assistance by allowing the court to rely on a prior conviction for sentencing purposes absent court documents to support that the defendant was counseled at the time, in violation of the right to representation under Scott v. Illinois

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Should a writ of certiorari should be granted to determine if counsel rendered ineffective assistance when it allowed the court to rely on a prior conviction for sentencing purposes, absent court documents to support that Melendez was counseled at the time, thus violating Melendez’s rights to representation in violation of Scott v. Illinois, 440 U.S. 367 (1995). Does possession of narcotics in the State of Connecticut, 21(a)-277(a) qualify under the Career Criminal Act for a sentence enhancement. ii

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-22
Waiver of right of respondent United States to respond filed.
2020-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2020)

Attorneys

Johnny Melendez
Johnny Meledez — Petitioner
Johnny Meledez — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent