No. 20-6051

Jonathan Ortiz-Torres v. United States

Lower Court: First Circuit
Docketed: 2020-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-11-13
Question Presented (AI Summary)

Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the government could request a sentence above that recommended in a plea agreement thus rendering the plea involuntary

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the government could request a sentence above that recommended in a plea agreement thus rendering the plea involuntary. Should a writ of certiorari be granted to determine if a plea is constitutionally valid — when the same is entered to an offense the defendant did not commit. Should a writ of certiorari should be granted to determine if counsel renders ineffective assistance by permitting Ortiz-Torres to plead guilty to a Title 18 U.S.C. § 924(c)(1)(a) and Title 18 U.S.C. § 924(j) simultaneously on the same charged offense. Should a writ of certiorari be granted to determine if a conviction for a Title 18 U.S.C. § 924(j) must be vacated in light of this court’s decision in Sessions v. Dimaya, 2018 U.S. Lexis 2497 (2018). ii

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-21
Waiver of right of respondent United States to respond filed.
2020-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

Jonathan Ortiz-Torres
Jonathan Ortiz-Torres — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent