No. 21-8229
Juan Jesus Barrieta-Barrera v. United States
Tags: circuit-split collateral-estoppel criminal-law criminal-sentencing due-process immigration immigration-law judicial-precedent prior-conviction sentencing statutory-interpretation
Key Terms:
Immigration
Immigration
Latest Conference:
2022-12-09
(distributed 2 times)
Question Presented (AI Summary)
Does a district court's finding that the defendant should be punished under Subsection (b)(2) bind future decision-makers on the question of whether he has ever been convicted of an 'aggravated felony'?
Question Presented (OCR Extract)
QUESTION PRESENTED Section 1326(b)(2) of Title 8 provides an elevated penalty for illegally re-entering the country following an “aggravated felony.” Does a district court’s finding that the defendant should be punished under Subsection (b)(2) bind future decision-makers on the question of whether he has ever been convicted of an “aggravated felony”? i
Docket Entries
2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-22
Reply of petitioner Juan Barrieta-Barrera filed. (Distributed)
2022-11-09
Brief of respondent United States in opposition filed.
2022-10-18
Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2022.
2022-10-17
Motion to extend the time to file a response from October 26, 2022 to November 9, 2022, submitted to The Clerk.
2022-09-16
Motion to extend the time to file a response is granted and the time is further extended to and including October 26, 2022.
2022-09-14
Motion to extend the time to file a response from September 26, 2022 to October 26, 2022, submitted to The Clerk.
2022-08-18
Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
2022-08-17
Motion to extend the time to file a response from August 25, 2022 to September 26, 2022, submitted to The Clerk.
2022-07-26
Response Requested. (Due August 25, 2022)
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
2022-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2022)
Attorneys
Juan Barrieta-Barrera
Kevin Joel Page — Federal Public Defender's Office, ND of Texas, Petitioner
Kevin Joel Page — Federal Public Defender's Office, ND of Texas, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent