No. 21-6049

Aaron Christopher Pena v. United States

Lower Court: Fifth Circuit
Docketed: 2021-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law drug-offenses importation knowledge-standard mens-rea methamphetamine offense-level-enhancement sentencing-guidelines statutory-interpretation strict-liability
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether an offense level enhancement under the Sentencing Guidelines applies when the defendant did not know that the drugs were imported

Question Presented (from Petition)

QUESTION PRESENTED Whether an offense level enhancement under the Sentencing Guidelines that applies when “the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were imported unlawfully” permits enhancement when the defendant did not know that the amphetamine or methamphetamine at issue was imported. 1

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-25
Waiver of right of respondent United States to respond filed.
2021-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2021)

Attorneys

Aaron Christopher Pena
Eric M. AlbrittonNelson Bumgardner Conroy P.C., Petitioner
Eric M. AlbrittonNelson Bumgardner Conroy P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent