No. 20-6601

Savannah Sifuentes v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-10
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the argument that the omitted allegation is an element by entering an unconditional guilty plea to the challenged indictment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the argument that the omitted allegation is an element by entering an unconditional guilty plea to the challenged indictment. 2. Whether the district court committed reversible error when it convicted Petitioner under 18 U.S.C. § 922(g)(1) when the grand jury did not allege, the Court did not find, and Petitioner did not admit that she knew of her prohibited status at the time of the offense. i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-10
Memorandum of respondent United States filed.
2021-01-08
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2021.
2021-01-06
Motion to extend the time to file a response from January 11, 2021 to February 10, 2021, submitted to The Clerk.
2020-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2021)

Attorneys

Savannah Sifuentes
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent