No. 20-6417

Edwin Omar Almonte-Nunez v. United States

Lower Court: First Circuit
Docketed: 2020-11-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review
Key Terms:
FifthAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Did the district court adequately vet Mr. Almonte-Nufiez's dissatisfaction with his counsel?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the district court adequately vet Mr. Almonte-Nufiez’s dissatisfaction with his counsel? Was the denial of his request for substitution an abuse of discretion? Did the district court err by ruling that it lacked authority to appoint substitute counsel for resentencing? Did the First Circuit violate the “party presentation” doctrine by excusing the Government from its prior waiver by sua sponte inviting supplemental briefing on whether 18 U.S.C. § 2112 is a crime of violence under the Force Clause of 18 U.S.C. § 924(c)(3)? Was the First Circuit correct that 18 U.S.C. § 2112 is a crime of violence under the Force Clause of 18 U.S.C. § 924(c)(3)? Did the district court violate Mr. Almonte-Nufiez’s due process rights by relying on the PSR’s description of the Puerto Rico offenses and refusing Mr. Almonte-Nufiez’s request for a remand to gather evidence in support of his double jeopardy claim? Did the Government waive its right to speculate about the nature and type of convictions Mr. Almonte-Nufiez received in the Puerto Rico proceeding when it objected to Mr. Almonte-Nufiez’s request for remand? Was plain error review appropriate for Mr. Almonte-Nufiez’s double jeopardy argument even though Sanchez Valle issued while his case was on direct appeal? ii

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-17
Waiver of right of respondent United States to respond filed.
2020-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Edwin Omar Almonte-Nunez
Michael March BrownleeThe Brownlee Law Firm, P.A., Petitioner
Michael March BrownleeThe Brownlee Law Firm, P.A., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent