No. 18-5521

Miguel Antonio Ramos v. United States

Lower Court: Fifth Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release
Latest Conference: 2018-09-24
Question Presented (from Petition)

WHETHER THE PETITIONER WAS DENIED PROCEDURAL DUE PROCESS BY
ENHANCEMENTS TO HIS GUIDELINES SENTENCE WITHOUT ANY PROOF
TO SUPPORT THOSE ENHANCEMENTS?

WHETHER EVIDENCE OBTAINED IN VIOLATION OF THE FOURTH AMENDMENT
IS ADMISSIBLE DURING A SENTENCING HEARING?

WHETHER A PROBATION OFFICER CAN PURSUE CRIMINAL CHARGES BASED
ON THE SAME EVIDENCE USED TO OBTAIN A WARRANT AGAINST THE
PETITIONER FOR VIOLATING THE TERMS AND CONDITIONS OF HIS SUPERVISED RELEASE?

WHETHER THE RIGHT OF CROSS-EXAMINATION SHOULD APPLY TO THE
SENTENCING HEARING PROCESS?

Question Presented (AI Summary)

Whether the petitioner was denied procedural due process by enhancements to his guidelines sentence without any proof to support those enhancements

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-14
Waiver of right of respondent United States to respond filed.
2018-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Miguel Antonio Ramos
Miguel A. Ramos — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent