No. 22-5693

Rosa Isela Acuna v. United States

Lower Court: Ninth Circuit
Docketed: 2022-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: controlled-substance controlled-substances criminal-conviction criminal-law drug-importation due-process mens-rea sentencing sentencing-enhancement statutory-interpretation
Key Terms:
Punishment
Latest Conference: 2022-10-28
Related Cases: 22-5638 (Vide)
Question Presented (AI Summary)

Whether a defendant can be convicted and subjected to enhanced punishment for drug type and quantity without proof of knowledge

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, under 21 U.S.C. § 960, a defendant who knowingly imports a controlled substance can be convicted and subjected to an enhanced punishment on the basis of drug type and quantity in the absence of proof that she knew she possessed that drug type and/or quantity?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-04
Waiver of right of respondent United States to respond filed.
2022-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2022)

Attorneys

Rosa Isela Acuna
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent