Edwin Omar Almonte-Nunez v. United States
FifthAmendment DueProcess JusticiabilityDoctri
Did the district court adequately vet Mr. Almonte-Nufiez's dissatisfaction with his counsel?
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