No. 22-161

Robert Nieto and Darrick R. Vallodolid v. United States

Lower Court: Seventh Circuit
Docketed: 2022-08-22
Status: Denied
Type: Paid
Response Waived
Tags: batson-challenge batson-v-kentucky constitutional-rights equal-protection jury-selection prosecutorial-discretion racial-discrimination sentencing sentencing-guidelines statutory-interpretation
Key Terms:
DueProcess Immigration
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether the prosecutor's peremptory striking of Hispanic prospective jurors violated the Equal Protection Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED This Court has repeatedly affirmed the holding in Batson v. Kentucky, 476 U.S. 79 (1986) and refused to allow state or federal courts to peel back the fundamental protections the Fourteenth Amendment provides. Yet in violation of this Court’s precedents and the rationale behind them, the decision below held that even if a prosecutor's explanation is directly tied to a juror’s race or ethnicity, courts will turn a blind eye and find that the reason is “race neutral.” An . important aspect of Batson was ensuring the public’s : faith in the judicial system, but these very clear displays of avoiding Batson violations through illogically expanding the definition of “race neutral” eradicate public confidence in the system’s fairness. As to sentencing, the Government sought to impose a sentence that is well above what was permissible under either federal or state law. Petitioners were sentenced to life in prison on Count I under federal law, which does not allow a life sentence unless the underlying applicable state law does. Here, however, the underlying state law also does not allow for a life sentence, except in limited circumstances where specific conditions are met. It is undisputed that those conditions were not satisfied here. Accordingly, Petitioners’ life sentences were impermissible under the statutory scheme enacted by Congress. The questions presented are: 1. Whether Mr. Nieto’s and Mr. Vallodolid’s convictions should be reversed because the Government’s peremptory striking of qualified . or Pa ii : Hispanic prospective jurors violated the Equal Protection Clause. : 2. Whether a lawful sentence of life imprisonment may be imposed under Title 18 Section 1963(a) when the Government does not establish that it is entitled to seek such a sentence.

Docket Entries

2022-10-11
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-09-07
Waiver of right of respondent United States to respond filed.
2022-08-10
Petition for a writ of certiorari filed. (Response due September 21, 2022)
2022-06-24
Application (21A849) granted by The Chief Justice extending the time to file until August 10, 2022.
2022-06-17
Application (21A849) to extend the time to file a petition for a writ of certiorari from June 26, 2022 to August 10, 2022, submitted to The Chief Justice. (Justice Barrett is recused.).

Attorneys

Robert Nieto, et al.
Leslie SchmidtLeslie Schmidt, Petitioner
Leslie SchmidtLeslie Schmidt, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent