No. 18-6911

Adrian Pineda-Orozco v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility affirmative-defense criminal-conviction criminal-law criminal-law-procedure duress-defense family-member fifth-circuit miscarriage-of-justice sentencing
Latest Conference: 2019-01-04
Question Presented (from Petition)

1. Whether the Fifth Circuit Court of Appeals opinion permitting Pineda-Orasco's conviction to stand resulted in a miscarriage of justice given the longstanding presence of the the family member element of the duress defense in the Fifth Circuit?

2. Whether a defendant who raises a duress affirmative defense is precluded as a matter of law from receiving an acceptance of responsibility adjustment?

Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals opinion permitting Pineda-Orasco's conviction to stand resulted in a miscarriage of justice given the longstanding presence of the the family member element of the duress defense in the Fifth Circuit?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Waiver of right of respondent United States to respond filed.
2018-11-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)

Attorneys

Adrian Pineda-Orozco
Gerald Conway MotonLaw Office of Gerald C. Moton, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent