No. 21-5615

Carlos Mora v. United States

Lower Court: Fifth Circuit
Docketed: 2021-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-preservation criminal-justice due-process importation mens-rea methamphetamine-importation plain-error plain-error-review sentencing-enhancement sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2021-10-08
Question Presented (AI Summary)

whether-defendant-failed-to-preserve-argument-by-not-raising-it-at-sentencing-hearing

Question Presented (OCR Extract)

QUESTIONS PRESENTED Section 2D1.1(b)(5), U.S.S.G., provides for a 2-level enhancement where the offense involves the importation of methamphetamine. The questions presented are: 1. Where counsel raised an issue in written Objections to the Addendum to the Presentence Report filed with the district court, and never withdrew or waived the specific objection at the sentencing hearing, and continued to argue for an adjusted offense level, did the defendant fail to preserve his argument by not raising it expressly at the sentencing hearing, resulting in plain error review of the issue on appeal? 2. Does the application of the 2-level enhancement for possession of imported methamphetamine violate due process where the defendant courier had no knowledge of that importation and no mens rea or culpable mental state with respect to such possession?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-16
Waiver of right of respondent United States to respond filed.
2021-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Carlos Mora
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent