No. 18-5615

Joel Chavira-Nunez v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review
Latest Conference: 2018-09-24
Question Presented (from Petition)

Reasonable Jurist would find it debatable Whether the District Court Erred When it Ignored Undisputed Facts Establishing that The Prosecution Violated their Obligation Under Brady v. Marylamd, Before they filed a Motion to Rescue the Conflicted Defense Counsel.

Resonable Jurist would debattable whether the District Court erred by Ignoring the prosecution's ongoing Brady obligation before Chavira-Nuñez was given a plea offer, got his attorney rescused or trial.

Ill. Whether the District Court erred in denied the Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2).

IV. Whether the District Court Committed Substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply with the statutory directive set forth in 18 U.S.C. § 3553(a).

Question Presented (AI Summary)

Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
Waiver of right of respondent United States to respond filed.
2018-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Joel Chavira-Nunez
Joel Chavira-Nunez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent