No. 18-7061

Francisco Reza v. United States

Lower Court: Fourth Circuit
Docketed: 2018-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment civil-rights due-process federal-crime federal-crimes felon-in-possession firearms-possession ineffective-assistance-of-counsel second-amendment sentencing sentencing-enhancement standing state-misdemeanor
Key Terms:
DueProcess
Latest Conference: 2019-01-11
Question Presented (from Petition)

Issue 1: Did Petitioner's prior crimes for which he spent less than 1 year and a day imprisonment: qualify as Federal Crimes for enhancement?

Issue 2: AS a Citizen of the United States and North Carolina with misdemeanor NC State Crimes,, did Petitioner's possession of guns create a federal crime under the 2nd Amendment to the Constitution?

Issue 3: Could Petitioner sentence be enhanced using NC State minor crimes where Petitioner did not spend over 1 year and I day imprisonment?

Issue 4: Could Petitioner be enhanced a felon in posses guns?

Issue 5: Did the Court error in sentencing Petitioner to 120 Months imprisonment?

Issue 6: Is Petitioner qualified for an additional reduction for his I1(c)(1)(c plea?

issue 7: Ineffective Assistance of Counsel. Did Petitioner's counselors provide ineffective assistance of counsel when they failed to question if Petitioner's prior NC Crimes comport to a federal felony crime for enhancement and excessive imprisonment?

Issue 8: Is Petitioner's rights violated under 2nd Amendment?

Question Presented (AI Summary)

Did Petitioner's prior crimes qualify as Federal Crimes for enhancement?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent United States to respond filed.
2018-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2019)

Attorneys

Francisco Reza
Francisco Reza — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent