No. 22-6220

Martin Robert Moncada-Aguirre v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: alleyne almendarez-torres appellate-procedure apprendi certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-review sentencing supreme-court-precedent
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000), and Alleyne v. United States, 570 U.S. 99 (20183)

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000), and Alleyne v. United States, 570 U.S. 99 (20183). No. In the Supreme Court of the United States October Term, 2022 MARTIN ROBERT MONCADA-AGUIRRE, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Martin Robert Moncada-Aguirre asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on September 29, 2022.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-07
Waiver of right of respondent United States to respond filed.
2022-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2023)

Attorneys

Martin Robert Moncada-Aguirre
Judy Fulmer MadewellFederal Public Defender, Petitioner
Judy Fulmer MadewellFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent