No. 21-5053

Hernando Javier Vergara v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release
Key Terms:
FifthAmendment Punishment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should the Haymond ruling be considered retroactive?

Question Presented (OCR Extract)

Questions Presented In a previous holding (United States v Haymond, 588 U.S., 139 S.Ct._, 204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(k) was unconstitutional due to its requirement of a mandatory minimum sentence without the benefit of a jury. This had the effect of, for the first time, applying criminal protections to the Supervised Release Statute (18 U.S.C. §3583). The Questions Presented in this petition are: 1) Should the Haymond ruling be considered retroactive? 2) Is Haymond in fact, a new line of jurisprudence? 3) Does the Unconstitutionality of §3583(k) invite Constitutional : scrutiny upon the entirety of §3583? , 4) If so, then does §3583 violate the 5th, 6th, and 8th Amendments? 5) Is a Supervised Release Term of Life Unconstitutional? i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-20
Waiver of right of respondent United States to respond filed.
2021-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Hernando Vergara
Hernando Javier Vergara — Petitioner
Hernando Javier Vergara — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent