No. 18-5957

Raul Arcila v. United States

Lower Court: Ninth Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice
Latest Conference: 2018-10-12
Related Cases: 18-6016 (Vide)
Question Presented (from Petition)

Whether the District Court committed plain error by allowing the government to convert a sentencing factor, "resulting in death," under 21 USC §841(b)(1)(c) into a proximate cause element and then prove that sentencing factor to a jury through evidence about the evils of heroin that was irrelevant and unfairly prejudicial.

Question Presented (AI Summary)

Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-17
Waiver of right of respondent United States to respond filed.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Raul Arcila
Matthew A SchindlerAttorney, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent