No. 21-6297

Henry Cervantes and Jaime Cervantes v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level criminal activity when the activity is unrelated to the administration of other federal laws or interests and no official proceeding is pending?

Question Presented (OCR Extract)

Questions Presented As to both petitioners, 1. Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level criminal activity when the activity is unrelated to the administration of other federal laws or interests and no official proceeding is pending? As to petitioner Henry Cervantes only: 2. Whether the Sixth Amendment right to a jury trial allows a judge to base or enhance a criminal defendant’s sentence on conduct underlying a charge for which a jury acquitted the defendant.

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-19
Waiver of right of respondent United States to respond filed.
2021-11-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2021)

Attorneys

Henry Cervantes, et al.
Karen L. LandauLaw Office of Karen L. Landau, P.C., Petitioner
Karen L. LandauLaw Office of Karen L. Landau, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent