No. 21-6884

Hermin Rodriguez-Monserrate, aka Cano, aka Canito v. United States

Lower Court: First Circuit
Docketed: 2022-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: coronavirus-act coronavirus-aid-relief-and-economic-security-act criminal-procedure defendant-absence due-process educational-condition learning-disability sentencing sentencing-procedure supervised-release
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Should the district court have conducted the petitioner's sentence and revocation hearing in his physical absence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should certiorari be granted because the district court conducted Petitioner’s sentence and revocation hearing in his physical absence, even though it lacked grounds to do so under the Coronavirus Aid, Relief, and Economic Security Act? 2. Should certiorari be granted where the district court conditioned Petitioner’s three-year term of supervised release on his successful completion of his high school education, even though, at the time of sentence, the 35-year-old Petitioner had only completed thirdgrade, and had failed fourth grade four separate times because he had a learning disability in both reading and writing? i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-24
Waiver of right of respondent United States to respond filed.
2022-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2022)

Attorneys

Hermin Rodriguez-Monserrate
Arza Rayches FeldmanFeldman & Feldman, Petitioner
Arza Rayches FeldmanFeldman & Feldman, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent