Carlos Velazquez-Fontanez v. United States
Whether the U.S. First Circuit Court of Appeals erred in failing to find that appellant Carlos Velazquez-Fontanez is 'actually innocent' of violating (Ct.#5) 18 U.S.C. 924(c)(1)(A) under Davis vs. U.S., 139 S.Ct. 2319 (2019)
QUESTION(S) PRESENTED “WHETHER THE U.S. FIRST CIRCUIT COURT OF APPEALS ERRED IN FAILING TO FIND THAT APPELLANT CARLOS VELAZQUEZ-FONTANEZ IS “ACTUALLY INNOCENE' OF VIOLATING (CT.#5) 18 U.S.C. 924(c)(1)(A) UNDER DAVIS vs. U.S., 139 S.CT. 2319 (2019)2?) WHICH IS PREDICATED UPON AN INCHOATE OFFENSE AND IN VIOLATION OF SECTION #403 OF THE FIRST STEP ACT OF 20192" "WHETHER THE U.S. FIRST CIRCUIT COURT OF APPEALS LACKED JURISDICTION TO REMAND APPELLANT CARLOS CASE TO THE DISTRICT COURT FOR A LIMITED REMAND (CT.#3)-WHICH RESULTED IN APPELLANT RECIEVING A MORE SEVERE/HARSHER RESENTENCING AT A PLENARY SENTENCING AS TO ALL COUNT(S)-IN VIOLATION OF THE LAW OF THE CASE DOCTRINE?" “WHETHER THE U.S. FIRST CIRCUIT. COURT OF APPEALS ERRED IN NOT FINDING THAT THE DISTRICT COURT ERRED WITH REGARD TO THE JURY INSTRUCTIONS ("CRIME OF VIOLENCE") REGARDING THE NOW DEFUNCE/ILLEGAL "CRIME:OF VIOLENCE" DEFINITION APPLICABLE TO 18 U.S.C. 924(c)(1)(A) OFFENSE(S)?"