No. 18-5745

Miguel Anthony Molina v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment
Latest Conference: 2018-09-24
Question Presented (from Petition)

SSUE (1)
Did the Honorable Judge James S. Moody Jr. violate Mr. Molina's Sixth Amendment right to a jury trial in conjunction
vith the due process clause..by stating the jury found Mr. Molina guilty of 922(g)(1) and 924(e) as to Count (1), and
341(a)(1) and 841(b)(1)(C) as to Count (2) See V-56, Pg 3. And the jury verdict form only states 922(g)(1) as to Count (1)
and 841(a)(1) as to Count (2) ?

SSUE (2)
ase No.: 99-8690, does not meet the definition set forth in 924(e) nor 841(b)(1)(C), That for a prior conviction to qualify as
serious drug offense has to carry a maximum sentence of ten years or more prescribed by law as set forth in Smith v.
Jnited States, 775 F.3d 1262 (11th Cir. 2014) ?

SSUE (3)
Did trial counsel err by not attempting to bar the seating of a bias juror, by stating that law informants office's should
e the only ones to carry guns. And was appellant counsel ineffective for failing to argue this issue on direct appeal ?

SSUE (4)
Does a defendant have to prove government inducement before proving government official.. Even when the
government intentionally changed "Cl" to "CV" as in this case, WITH THE INTENT to hinder petitioner from proving

Question Presented (AI Summary)

Did the judge violate the defendant's Sixth Amendment right to a jury trial?

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

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