No. 20-7849

Ismael Lopez v. United States, et al.

Lower Court: Second Circuit
Docketed: 2021-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment accomplice-liability constitutional-review criminal-procedure due-process factor-based-analysis mandatory-sentencing mens-rea nexus proportionality-test sentencing
Key Terms:
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether mandatory sentences are constitutional

Question Presented (from Petition)

QUESTIONS PRESENTED Whether mandatory sentences, as a whole or in part, are constitutional and should be replaced with factor-based analysis under §3553, in conjunction with the totality of the circumstances, proportionality test, and the evolving standards of decency in modern society, especially when a defendant is a young adult or convicted under accomplice liability? Whether the evidence presented at trial was legally sufficient to establish the essential elements of the charges and not in violation of the Fifth Amendment. Specifically, was the mens rea element of the aiding and abetting charge relative to the VICAR counts proven beyond a reasonable doubt and was there sufficient nexus between Mr. Lopez’s weapon possession and any alleged drug trafficking to prove the charge?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-05
Waiver of right of respondent United States to respond filed.
2021-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2021)

Attorneys

Ismael Lopez
Maurice VerrilloLaw Office of Maurice J. Verrillo, PC, Petitioner
Maurice VerrilloLaw Office of Maurice J. Verrillo, PC, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent