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Severiano Martinez-Rojas v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 19-3161 · judgment May 5, 2021
Question presented
I. Whether the Second Circuit failed to follow Supreme Court precedent in Rosales-Mireles v. United States, 138 S. Ct. 1897, 1900 (2018) when it enforced an appellate waiver on the issue of whether Petitioner could challenge the vulnerable victim enhancements? II. Whether the Second Circuit’s failure to remedy the excessive restitution imposed upon Petitioner, which appeared to be sheer speculation, rather than an estimate, conflicts with decisions of other circuits and requires the Supreme Court to resolve the conflict and ensure uniformity across the circuits?
Counsel of record
For petitioner
Robin Smith
Law Office of Robin C. Smith, Esq., P.C.
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jun 17 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 08 2021Waiver of right of respondent United States of America to respond filed.
- May 26 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2021)