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Wilmar Rene Duran-Gomez v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 20-20147 · judgment December 23, 2020


Certiorari denied · October 4, 2021

Question presented

Whether, under the balancing test in Barker v. Wingo, 407 U.S. 514 (1972), prosecutors may prevent attachment of a defendant’s Sixth Amendment speedytrial right by effecting a pretextual arrest for an unre­ lated civil immigration offense and delaying indictment while they continue their criminal investigation.

Counsel of record

For petitioner
Cullen Oakes Macbeth
Office of the Federal Public Defender, District of Maryland

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
20M83

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 15 2021
    Reply of petitioner Wilmar Rene Duran-Gomez filed. (Distributed)
  3. Aug 26 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Aug 06 2021
    Brief of respondent United States in opposition filed.
  5. Jun 29 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including August 6, 2021.
  6. Jun 28 2021
    Motion to extend the time to file a response from July 6, 2021 to August 6, 2021, submitted to The Clerk.
  7. Jun 01 2021
    Motion (20M83) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
  8. May 27 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
  9. May 26 2021
    Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
  10. May 11 2021
    MOTION (20M83) DISTRIBUTED for Conference of 5/27/2021.
  11. May 06 2021
    Motion (20M83) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
  12. May 03 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)