No. 20-8402

Daniel Chica-Gutierrez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-06-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: affirmative-defense collateral-attack criminal-procedure custis-rule federal-statutory-provision sentencing sentencing-commission sentencing-guidelines state-court-conviction statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a federal court is permitted to consider an argument that a prior state-court conviction does not satisfy a relevant federal statutory provision if accepting the argument would suggest that the defendant might have had an affirmative defense to the state prosecution

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a federal court is permitted to consider an argument that a prior state-court conviction does not satisfy a relevant federal statutory provision if accepting the argument would suggest that the defendant might have had an affirmative defense to the state prosecution. i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States to respond filed.
2021-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2021)

Attorneys

Daniel Chica-Gutierrez
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent