No. 20-7394

Joaquin Ramos De La Cruz v. United States

Lower Court: Fifth Circuit
Docketed: 2021-03-09
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-922 18-usc-924 armed-career-criminal-act categorical-approach circuit-split divisibility felon-in-possession guilty-plea knowledge-requirement sentencing-enhancement statutory-interpretation structural-error
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-11
Memorandum of respondent United States filed.
2021-05-05
Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
2021-05-04
Motion to extend the time to file a response from May 10, 2021 to June 11, 2021, submitted to The Clerk.
2021-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-03-18
Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)

Attorneys

Joaquin De La Cruz
Kathryn ShephardFederal Public Defender, Petitioner
Kathryn ShephardFederal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent