No. 24-5278

Mark Manuel Angeles Marino v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fifth-amendment fourth-amendment probable-cause search-warrant self-incrimination sentencing-hearing
Key Terms:
FifthAmendment FourthAmendment CriminalProcedure
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a defendant's Fifth Amendment privilege against self-incrimination was violated by drawing an adverse inference from silence at a sentencing hearing, and whether a search warrant based on mere propinquity violates Fourth Amendment protections

Question Presented (OCR Extract)

QUESTIONS PRESENTED L. Whether a defendant’s Fifth Amendment privilege against self-incrimination was violated where a sentencing court draws an adverse inference regarding future dangerousness from a defendant’s decision to remain silent at his sentencing hearing? I. Whether the petitioner’s Fourth Amendment right to be free from unreasonable searches and seizures was violated where the search warrant’s affidavit was based on the petitioner’s mere propinquity to another that was independently suspected of online criminal activity? i

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-12
Waiver of United States of right to respond submitted.
2024-08-12
Waiver of right of respondent United States to respond filed.
2024-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)
2024-06-25
Application (23A1148) granted by Justice Thomas extending the time to file until August 1, 2024.
2024-06-20
Application (23A1148) to extend the time to file a petition for a writ of certiorari from July 2, 2024 to August 1, 2024, submitted to Justice Thomas.

Attorneys

Mark Marino
Meghan CollinsOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent