No. 23-5453

Pedro Ramirez-Urbina v. United States

Lower Court: Fifth Circuit
Docketed: 2023-08-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment
Latest Conference: 2023-10-06
Question Presented (from Petition)

Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted—committing an alien-smuggling offense that resulted in a death—to be used to enhance his sentence for smuggling aliens.

and

Whether the government proved the proper level of causation (strict, but-for, or proximate) by the proper standard (preponderance of or clear and convincing evidence) when it found that Ramirez-Urbina was legally responsible for Lopez-Vasquez's death, the cause of which was unknown.

Question Presented (AI Summary)

Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)

Attorneys

Pedro Ramirez-Urbina
Shane O'NealO'Neal Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent