No. 18-8456

Roberto Miramontes Roman v. United States

Lower Court: Tenth Circuit
Docketed: 2019-03-19
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation
Latest Conference: 2019-06-20
Question Presented (from Petition)

1. Did it violate the Double Jeopardy Clause for the
United States to prosecute Mr. Roman for the same
offense and conduct for which he was acquitted in the
state court of Utah, and also for conduct of which he
was convicted there?

2. Did Mr. Roman carry a firearm "in relation" to the
sharing of drugs with a friend, within the meaning of 18
U.S.C. § 924(c)(1)(A), where there was no evidence he
intended the firearm to be available in connection with
that drug-trafficking offense?

Question Presented (AI Summary)

Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted in the state court of Utah, and also for conduct of which he was convicted there?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-17
Memorandum of respondent United States of America filed.
2019-04-10
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2019.
2019-04-09
Motion to extend the time to file a response from April 18, 2019 to May 20, 2019, submitted to The Clerk.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)
2019-01-02
Application (18A680) granted by Justice Sotomayor extending the time to file until March 11, 2019.
2018-12-26
Application (18A680) to extend the time to file a petition for a writ of certiorari from January 9, 2019 to March 10, 2019, submitted to Justice Sotomayor.

Attorneys

Roberto Roman
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent