Alex Estuardo Ixcopal-Hernandez v. United States
DueProcess
Whether the Fifth Circuit's ruling to expand the record on direct appeal without providing adequate opportunity to respond violates due process
QUESTION PRESENTED FOR REVIEW Petitioner, ALEX ESTUARDO IXCOPAL-HERNANDEZ, submits the Fifth Circuit Court of Appeals’ ruling granting the Government’s request to expand the record on direct appeal—-with documents that were not part of the record before the District Court and without providing Petitioner an adequate chance to respond before granting the Government’s motion a mere five days after it was filed-is a violation of due process, which was exacerbated when the Fifth Circuit solely relied on the supplemental materials to resolve the appeal. Thus, the Fifth Circuit has decided an important federal question in a way that conflicts with relevant decisions of this Court and a compelling reason is presented for discretionary review. Mr. [xcopal-Hernandez therefore requests that this Court grant this Petition and allow this case to proceed for a determination of whether the Due Process Clause was violated.