No. 18-6186

Alvin Gaitan Benitez, aka Pesadilla, aka Lil Pesadilla, aka Lil Tuner, aka Tooner, aka Lil Tunnel v. United States

Lower Court: Fourth Circuit
Docketed: 2018-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: antagonistic-defense antagonistic-defenses codefendant criminal-procedure due-process fair-trial interstate-commerce jurisdiction jurisdictional-element motion-for-severance severance
Key Terms:
AdministrativeLaw Securities Immigration
Latest Conference: 2018-11-02
Question Presented (from Petition)

I.
WHETHER
THE
CIRCUIT
COURT
ERRED
IN
AFFIRMING
THE
DENIAL OF A I
MOTION
FOR
SEVERANCE
BY
ALVIN
BENITEZ
FROM CODEFENDANT
MANUEL
GUEVARA
WHERE
GUEVARA
PRESENTED AN ANTAGONISTIC
DEFENSE
THE
CORE
OFI
WHICH
WAS TO CAST BLAME ON BENITEZ, REQUIRING HIS CONVICTION
IN ORDER FOR
GUEVARA
TO
BE
ACQUITTED, AND

DENYING
BENITEZ A FAIR
TRIAL?

II.
WHETHER PETITIONER'S
CONVICTIONS
MUST BE VACATED ON
THE GROUND THAT
THE
GOVERNMENT
FAILED TO PROVE THE
JURISDICTIONAL
ELEMENT
OF
THE
AFFECT
OF
INTERSTATE
COMMERCE?

Question Presented (AI Summary)

Whether the circuit court erred in affirming the denial of a motion for severance

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)

Attorneys

Alvin Gaitan Benitez
Jeffrey Daniel ZimmermanJEFFREY ZIMMERMAN, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent