No. 20-8272

Roberto Luis Rene Martinez v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-rights correction double-jeopardy due-process judgment-commitment judicial-correction life-liberty sentencing
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

When a District Court vacates a sentence pursuant to RUTLEDGE v. UNITED STATES, is a correction of the defendant's judgment and commitment order required?

Question Presented (OCR Extract)

No question identified. : ae QUESTION (S) PRESENTED , ; : 1. When a’ District Court vacates a sentence pursuant to the United States . Supreme Court Decision in RUTLEDGE v. UNITED STATES, 116. S.Ct 1246 , 134 L.ed. 2d 419, 517 U.S. 292 (1996). Is a Correction of the Defendants Judgment and Commitment Order required. 2. Does the District Court's failure to correct a Defendant's Judgment and Commitment Order represent a deprivation of life and liberty as defined by . the 14th Amendment to the United States Constitution : 4 3. Does the District Court's refusal to correct the Judgment and Commitment order essentially create a double jeopardy? Multiple teirs of government agencies have used and will use this information to deprive Martinez of his Life and Liberty based on a count that was vacated through due process. ee . . : fd a . oo , -

Docket Entries

2021-10-04
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States to respond filed.
2021-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2021)

Attorneys

Roberto Martinez
Roberto Luis Rene Martinez — Petitioner
Roberto Luis Rene Martinez — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent