No. 21-7958
Oscar Luna-Aquino v. United States
Amici (1)Response WaivedIFP
Tags: aggravated-offense criminal-intent criminal-law drug-importation mens-rea sentencing-factors statutory-elements statutory-sentencing
Latest Conference:
2022-06-16
Question Presented (from Petition)
Whether a mens rea applies to the drug-type-and-quantity elements of an aggravated drug importation offense, where those elements substantially increase the statutory minimum and maximum sentence. See 21 U.S.C. § 960(b).
Question Presented (AI Summary)
Whether a mens rea applies to the elements of an aggravated drug importation offense, where those elements substantially increase the statutory minimum and maximum sentence
Docket Entries
2022-06-21
Petition DENIED.
2022-06-09
Brief amici curiae of National Association of Federal Defenders and National Association of Criminal Defense Lawyers filed. (Distributed)
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-05-27
Waiver of right of respondent United States to respond filed.
2022-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2022)
2022-03-16
Application (21A510) granted by Justice Kagan extending the time to file until May 19, 2022.
2022-03-11
Application (21A510) to extend the time to file a petition for a writ of certiorari from March 20, 2022 to May 19, 2022, submitted to Justice Kagan.
Attorneys
Oscar Luna-Aquino
Katie Hurrelbrink — Federal Defenders of San Diego, Petitioner
The National Association of Federal Defenders and National Association of Criminal Defense Lawyers
Jeffrey L. Fisher — O'Melveny & Myers LLP, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Respondent