No. 23-5639

Damaso Rivera-Fonseca v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-09-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-challenge convicted-felon criminal-procedure felon-in-possession firearm-possession habeas-corpus ineffective-assistance rehaif-v-united-states strickland-standard
Key Terms:
FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Was the defense counsel ineffective under Strickland v. Washington?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . In light of the facts of this case, was the defense counsel ineffective in light of this court’s precedent in Strickland v. Washington, 466 U.S. 668 (1984)? Did the Eleventh Circuit Court of Appeals err in not granting a certificate of appealability as required by 28 U.S.C. §§ 2253(¢)(1)(B) and Fed.R.App.P. 22(b)(1)? In light of this court’s decision in Rehaif v. United States, 2019 U.S. Lexis 4199 (2019) is the indictment for firearm possession by a convicted felon under 18 U.S.C. § 922(g), as well as the subsequent conviction for the same offense, both constitutionally flawed? ii

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

Damaso Rivera-Fonseca
Damaso Rivera-Fonseca — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent