No. 18-6917

Rodolfo Portela v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (from Petition)

1. Whether The District Court, Erred When It Found That There was
Sufficient Evidence That the Appellant had Committed the Acts
Alleged in Count I, Conspiracy to Possess With Intent to Distribute a
Controlled Substance, in That There was not Sufficient Evidence that :
the Appellant Could Reasonably Foresee That 280 Grams or more of
Crack Cocaine was Attributed to him.

2. The Court Erred When It Did Not Grant A Judgment of Acquittal on
Count V, Possessing a Firearm in Furtherance of a Drug Trafficking :
Crime, Because There Was Insufficient Evidence That Appellant
Possessed Marijuana In Furtherance of a Drug Trafficking Crime.

3. The Court Erred When Appellant's Motion to Suppress a Firearm,
Ammunition and Post Arrest Statements That Were Procured on
November 18, 2013, Were Denied. The Court Further Erred When Post
Arrest Statements Stemming From The Arrest on November 18, 2013
That Were Procured as Fruit of the Poisonous Tree and Taken From the
Appellant on November 27 Were Not Suppressed.

4, Whether the Court Made a Sufficient Determination That the
Appellant Was Competent to Waive His Right to Appeal & Whether
the Trial Court Should Determine if the Appellant was Competent
During the Course of His Trial.

5. The Court Failed To Conduct a Competency Hearing When the
Evidence of Plaintiff's Mental Infirmities Were Presented.

Question Presented (AI Summary)

Whether the district court erred in finding sufficient evidence of conspiracy to possess with intent to distribute a controlled substance

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.
2018-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)

Attorneys

Rodolfo Portela
Gregory Antonio SammsLaw Offices of G. A. Samms PA, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent