Joaquin Ramos De La Cruz v. United States
DueProcess JusticiabilityDoctri
Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon without being advised that one element is knowledge of his status as a felon?
QUESTIONS PRESENTED I. Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), without being advised that one element of that offense is knowledge of his status as a felon? Il. Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state. Ill. | What role does the text of a statute play in the divisibility analysis under the categorical approach of the Armed Career Criminal Act? Is the Texas statute prohibiting the offense of aggravated robbery, Texas Penal Code § 29.03(a), divisible? IV. Whether all facts—including the fact of a prior conviction—that increase a defendant’s statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt? ii