No. 23-5526

Adelfo Rodriguez-Mendez v. United States

Lower Court: Third Circuit
Docketed: 2023-09-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violation of Alleyne-v-United-States, due-process, sixth-amendment, sentencing

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether attributing drugs, post-conviction, in an amount greater than what is charged in an indictment and greater than what the jury found is in violation of Alleyne v. United States, 570 U.S. 99 (2013)? 2. Whether attributing drugs post-conviction, in an amount greater than what is charged in an indictment and greater than what the jury found is in violation of the Fifth, Sixth, and Fourteenth Amendment of the United States Constitution? 3. Whether surreptitiously obtained audio recordings made by a confidential informant at the direction of the police for the purpose of gathering incriminating evidence that will be used in trial are testimonial in nature, and thus, under the Sixth Amendment to the United States Constitution, cannot be admitted into evidence without the confidential informant’s presence in court? 4. Whether an unsigned arrest warrant violates Federal Rule of Criminal Procedure 9 and constitutes a substantial violation of the Fourth Amendment of the United States Constitution’s right to be free of unlawful seizures? 1

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-11
Waiver of right of respondent United States to respond filed.
2023-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2023)

Attorneys

Adelfo Rodriguez-Mendez
Dennis Robert Marion Jr.Charlton Law, Petitioner
Dennis Robert Marion Jr.Charlton Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent