Supreme Court of the United States · Official docket →
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
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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 4, 2021 · Certiorari denied
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 01 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 11 2021Memorandum of respondent United States filed.
- May 05 2021Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
- May 04 2021Motion to extend the time to file a response from May 10, 2021 to June 11, 2021, submitted to The Clerk.
- Mar 19 2021Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
- Mar 18 2021Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
- Mar 05 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)