No. 18-8847

Javier Bocanegra, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: chain-of-custody cocaine-conspiracy conspiracy controlled-substances cooperating-witnesses credibility criminal-conspiracy criminal-law deferred-adjudication drug-offense-enhancement evidence full-faith-and-credit reasonable-doubt
Latest Conference: 2019-05-23
Question Presented (from Petition)

I. Is there insufficient evidence for a conspiracy to transport
cocaine conviction based upon the testimony of cooperating
witnesses who are not credible and without proof beyond a
reasonable doubt of the conspiracy undertaken and nature of
what was transported.

II. Isita Violation of the Full Faith and Credit Act to enhance under
an old law, 21 U.S.C. § 841, for what was then a prior felony drug
offense based upon a Texas deferred adjudication (of guilt)
Possession of Marihuana when the Texas Court of Criminal
Appeals has found a deferred adjudication is not a conviction,
and Mr. Bocanegra was still on deferred adjudication probation
at the time of the enhancement with a possibility he could later
be adjudicated of a state jail felony or misdemeanor, which would
preclude the 841 enhancement.

Question Presented (AI Summary)

Is there insufficient evidence for a conspiracy to transport cocaine conviction based upon the testimony of cooperating witnesses who are not credible and without proof beyond a reasonable doubt of the conspiracy undertaken and nature of what was transported?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Waiver of right of respondent United States of America to respond filed.
2019-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2019)

Attorneys

Javier Bocanegra, Jr.
Sandra EastwoodSandra Easwood Law Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent