No. 23-6051

Stephen Aguiar v. United States

Lower Court: Second Circuit
Docketed: 2023-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii cares-act case-or-controversy drug-conspiracy home-confinement prison-term supervised-release
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Does a prisoner serving a 36-month prison term for revocation of supervised release concurrent with his 360-month prison term for a drug conspiracy meet Article III's case-or-controversy requirement when prison officials deny the prisoner release to home confinement under the CARES Act because of the petitioner's violation of supervised release for which his supervised release was revoked?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED DOES A PRISONER SERVING A 36 MONTH PRISON TERM FOR REVOCATION OF SUPERVISED RELEASE CONCURRENT WITH HIS 360 MONTH PRISON TERM FOR A DRUG CONSPIRACY MEET ARTICLE III'S CASE OR. CONTROVERSY. REQUIREMENT WHEN PRISON OFFICIALS DENY THE PRISONER RELEASE TO _ HOME CONFINEMENT UNDER THE CARES ACT BECAUSE OF THE PETITIONER'S VIOLATION OF SUPERVISED RELEASE FOR WHICH HIS SUPERVISED RELEASE | WAS REVOKED? oo oe . DO NUMEROUS VERMONT STATE SUPERIOR COURT NUNG PRO TUNC ORDERS = OF EXPUNGEMENT EXPUNGING PETITIONER'S PRIOR CONVICTIONS USED. 7 TO INCREASE HIS’ 2001-IMPOSED MANDATORY GUIDELINE SENTENCE RENDER PETITIONER ACTUALLY INNOCENT OF HIS 2011 VIOLATION OF : SUPERVISED RELEASE? ~ oh, , | ‘ , ae oo ,

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

Stephen Aguiar
Stephen Aguiar — Petitioner
Stephen Aguiar — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent