No. 20-7845

Oscar Minaya v. United States

Lower Court: Second Circuit
Docketed: 2021-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) actual-innocence court-of-appeals criminal-conviction criminal-procedure due-process evidence section-924c statutory-interpretation yates-precedent yates-v-united-states
Latest Conference: 2021-05-27
Question Presented (from Petition)

1. In considering error under Yates v. United States , 354 U.S. 298 (1957) should a court consider evidence of the defendant's actual innocence of the charged offenses ?

2. Did the Court of Appeals correctly apply the decision of the Court in Yates v. United States, 354 U.S. 298 (1957), in sustaining two of petitioner's convictions for violations of 18 U.S.C. § 924 (c)?

Question Presented (AI Summary)

Whether a court should consider evidence of the defendant's actual innocence of the charged offenses in evaluating error under Yates v. United States

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-05-05
Waiver of right of respondent United States to respond filed.
2021-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2021)

Attorneys

Oscar Minaya
Andrew St LaurentHarris St. Laurent & Wechsler, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent