No. 21-5812

Carlos Velazquez-Fontanez v. United States

Lower Court: First Circuit
Docketed: 2021-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924(c)(1)(A) actual-innocence crime-of-violence davis-precedent davis-v-us first-step-act jurisdiction jurisdictional-challenge sentencing sentencing-review
Latest Conference: 2021-11-12
Question Presented (from Petition)

"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)? WHICH IS PREDICATED UPON AN INCHOATE OFFENSE AND IN VIOLATION OF SECTION #403 OF THE FIRST STEP ACT OF 2019?"

"WHETHER THE U.S. FIRST CIRCUIT COURT OF APPEALS LACKED JURISDICTION TO REMAND APPELLANT CARLOS VELAZQUEZ-FONTANEZ'S CASE TO THE DISTRICT COURT FOR A LIMITED REMAND (CT.#3)-WHICH RESULTED IN APPELLANT RELIEVING 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 DEFUNCT/ILLEGAL "CRIME-OF VIOLENCE" DEFINITION APPLICABLE TO 18 U.S.C. 924(c)(1)(A) OFFENSE(S)?"

Question Presented (AI Summary)

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)

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-20
Waiver of right of respondent United States to respond filed.
2021-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2021)

Attorneys

Carlos Velazquez-Fontanez
Carlos Velazquez-Fontanez — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent