No. 22-5522

Fernando Cazares v. United States

Lower Court: Ninth Circuit
Docketed: 2022-09-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal certificate-of-appealability conspiracy crime-of-violence criminal-procedure due-process general-verdict pinkerton-conspiracy section-241 section-245 sentencing violent-crime
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Did the court of appeals err in failing to grant a certificate of appealability

Question Presented (OCR Extract)

Question Presented Did the court of appeals err in failing to grant a certificate of appealability where the application presented three debatable questions: First, the correctness of the Ninth Circuit’s current rule regarding general verdicts, i.e., that where the jury returns a general verdict, and where one potential basis for the verdict remains constitutionally intact and the other does not, it is permissible and consistent with Alleyne for the court to sustain the conviction so long as one of the prior offenses remains a crime of violence. Second, whether § 241 is a crime of violence. Third, whether a § 245 conviction predicated on Pinkerton conspiracy is a crime of violence. i Statement of

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-15
Waiver of right of respondent United States to respond filed.
2022-09-07

Attorneys

Fernando Cazares, et al.
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent