No. 20-7746

Miguel Angel Mendoza v. United States

Lower Court: Ninth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law drug-trafficking due-process fair-trial mens-rea sentencing
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether 21 U.S.C. § 960 requires the defendant to know the type and quantity of the drug involved in the offense?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether 21 U.S.C. § 960, which carries a ten-year mandatory-minimum sentence for “knowingly” importing a controlled substance if that substance is 1 kilogram or more of heroin, or 50 grams or more of methamphetamine, requires the defendant to know the type and quantity of the drug involved in the offense? 2. Whether and to what extent a defendant’s due process right to a fair sentencing proceeding is violated when he is sentenced based on information only the government and the district court can access? pretix

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-20
Waiver of right of respondent United States to respond filed.
2021-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Miguel Mendoza
John Ellis Jr.The Law Offices of John C. Ellis, Jr., Petitioner
John Ellis Jr.The Law Offices of John C. Ellis, Jr., Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent