Whether an indictment that fails to allege all material elements of the charges violates the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to notice, and whether a sentencing court may consider extraneous or inadmissible evidence in enhancing a defendant's sentence in violation of the Fifth and Sixth Amendments

No question identified. : To The Honorable Justices of the Supreme Court of the United States Pursuant to Rule 30.3 of this Court, Petitioner respectfully requests a 60-day extension of time, to and including December 4, 2023, within which to file a Petition for Writ of Certiorari to review the judgment of the Eleventh Circuit Court of Appeals. Absent an extension, Petitioner's Petition would be due 90-days from the Order from the Eleventh Circuit Court of Appeals, which is Thursday, October 5, 2023. Basis for Jurisdiction in the Supreme Court This Court has jurisdiction to grant an application for a writ of certiorari in this case pursuant to Art. III, Sec. 2, Clause 2, as Petitioner seeks review of a judgment of the United States Eleventh Circuit Court of Appeals. Opinion and Order On May 11, 2023, the Eleventh Circuit Court of Appeals entered an Opinion and Judgment denying Petitioner’s case. On July 7, 2023, the Eleventh Circuit Court of Appeals entered an Order denying Petitioner’s rehearing. See United States v. Mauricio Gonzalez, Case No. 21-13950 (11th Cir. May 11, 2023)(Pet. R’hrng Denied July 7, 2023). Judgment Sought to be Reviewed The Court’s review is warranted to resolve significant issues of law on which the decision below departs from this Court’s precedents. Several issues require this Court’s resolution. First, the United States District Court and United States Court of Appeals erred in determining that the predicate felony in county three was sufficiently succinct and not overly broad, as to remain constitutional. To wit — the language therein does not adequately put an offender on notice. Second, the indictment was constitutionally deficient. The indictment did not allege material elements of the charges levied by the Respondent. This is of grave important to all criminal defendants, and particularly Petitioner, as lack of notice is an underlying theme. Lastly, the sentencing court, and subsequently Eleventh Circuit, considered extraneous, inadmissible evidence during sentencing. Petitioner’s sentence was unlawfully and unconstitutionally enhanced. Reasons for Extension of Time The additional time is warranted due to significant professional obligations in pending appellate matters and the need to consult and obtain documentary evidence. The legal issues in the case require coordination between counsel and Petitioner. Currently, the Petitioner is incarcerated in CI Oakdale II, Federal Correctional Institution, P.O. Box 5010, Oakdale, LA 71463. Counsel has been unable to communicate with Petitioner and is attempting to schedule a call in the near future. This process is lengthened by the custody status of Petitioner, where arranging legal calls has proven to be a cumbersome and lengthy process. Petitioner believes an extension will result in no prejudice to Respondent. CONCLUSION Petitioner’s request is intended to ensure that Petitioner and counsel have adequate opportunity to discuss the merits of their claim, retrieve and review all appellate documents, and provide complete and effective assistance of counsel. Respectfully submitted, ert L. Sirianni, Jr., Esquire ‘ounsel of Record BROWNSTONE, P.A. P.O. Box 2047 Winter Park, Florida 82790-2047 (0) 407-388-1900 (f) 407-622-1511 Counsel for Petitioner Dated: August 15, 2023. CERTIFICATE OF SERVICE I, Robert L. Sirianni, Jr., hereby certify that an original and 2 copies of the foregoing Application for Extension of Time for the matter of United States v. Mauricio Gonzalez, were sent via Next Day Service to the U.S. Supreme Court, and 1 copy was sent Next Day Service and email to the following parties listed below, this 15th day August 2023. Nicole D. Mariani, Assistant United States Attorney 99 N.E. 4th Street Miami, FL 33132 Tel: (305) 961-9285 Email: ert L. Sirianni, Jr., Esquire USCA11 Case: 21-13950 Document: 47 Date Filed: 05/11/2023 Page: 1 of 2 In the United States Court of Appeals For the Eleventh Circuit No. 21-13950 UNITED STATES OF AMERICA, P