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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


Certiorari denied · October 4, 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

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 17 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 08 2021
    Waiver of right of respondent United States of America to respond filed.
  4. May 26 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2021)