No. 20-5891

Mauricio Alvarez v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment criminal-law due-process fifth-amendment mens-rea negligence seaman's-manslaughter-statute statutory-interpretation statutory-vagueness subjective-interpretation void-for-vagueness
Latest Conference: 2020-11-06
Question Presented (from Petition)

Whether the Seaman's Manslaughter Statute, 18 U.S.C. Sec. 1115, which uses the terms "misconduct, negligence and inattention to his duties" does not provide a reliable way of determining what conduct violates the statute and what conduct is innocent: it invites the subjective opinion, of any person or persons reading or applying the statute, and is therefore, unconstitutionally vague in violation of the due process clause of the Fifth Amendment.

Question Presented (AI Summary)

Whether the Seaman's Manslaughter Statute, 18 U.S.C. Sec. 1115, is unconstitutionally vague

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-14
Waiver of right of respondent United States to respond filed.
2020-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)

Attorneys

Mauricio Alvarez
Bonnie WilliamsFederal Public Defender's Office, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent