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Joaquin Ramos De La Cruz v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 18-41055 · judgment September 2, 2020


Certiorari denied · October 4, 2021

Question presented

I. Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), without being advised that one element of that offense is knowledge of his status as a felon? II. Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state. III. What role does the text of a statute play in the divisibility analysis under the categorical approach of the Armed Career Criminal Act? Is the Texas statute prohibiting the offense of aggravated robbery, Texas Penal Code § 29.03(a), divisible? IV. Whether all facts—including the fact of a prior conviction—that increase a defendant’s statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt?

Counsel of record

For petitioner
Kathryn Shephard
Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 01 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 11 2021
    Memorandum of respondent United States filed.
  4. May 05 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
  5. May 04 2021
    Motion to extend the time to file a response from May 10, 2021 to June 11, 2021, submitted to The Clerk.
  6. Mar 19 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
  7. Mar 18 2021
    Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
  8. Mar 05 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)