No. 21-6646

Pedro Alvarado v. United States

Lower Court: Fifth Circuit
Docketed: 2021-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-111 18-usc-924 borden-v-united-states consent-search criminal-conviction criminal-law fourth-amendment ruse-search statutory-interpretation violent-crime
Key Terms:
FourthAmendment HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether Alvarado's conviction qualifies as a violent crime

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I, WHETHER, IN LIGHT OF THE COURT'S RULING IN BORDEN V. UNITED STATES, 593 U.S, (2021), ALVARADO’S CONVICTION UNDER 18 U.S.C. 8111(a) AND (b) QUALIFIES AS A VIOLENT CRIME UNDER 18 U.S.C. 8924(c)? I]. WHETHER THE TRIAL COURT'S SUA SPONTE ASSERTION OF THE AFFIRMATIVE DEFENSE OF "INEVITABLE DISCOVERY” VIOLATES THIS COURT’S PRONOUNCEMENT IN GREENLAW V, UNITED STATES, 554 U.S. 237, 243-244, 128 S.CT, 2559, 171 L.ED, 2D 399 (2008)? II]. WHETHER THE USE OF A RUSE, IN ORDER 10 OBTAIN CONSENT TO SEARCH A HOME, UNDER THE CIRCUMSTANCES AT BAR, VIOLATES THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION? IV. WHETHER IN LIGHT OF THE ISSUES IN THIS CASE, JURISTS COULD DISAGREE WITH THE DISTRICT COURT’S RESOLUTION OF ALVARADO'S CONSTITUTIONAL CLAIMS UNDER SLACK V, MCDANIEL, 529 U.S.. 473, 484 (2000), AND MILLER-EL_V, COCKRELL, 537 U.S, 322, 336 (2003), AND WHETHER COA SHOULD ISSUE?

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2022)

Attorneys

Pedro Alvarado
Pedro Alvarado — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent