No. 18-9834

Carlos Alberto Ochoa-Orozco v. United States

Lower Court: Fifth Circuit
Docketed: 2019-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether the district court violated Appellant's right to due process, and his Sixth Amendment right to affair trial, where' the district court 'lacked' venue pursuant to Rule 18, Fed. R. Crim. P.

2. Whether pursuant to the Sixth Amendment, it is a violation of Appe 1 lant'is right to a fair trial, where the Assistant U.S. Attorney threatens the defendant, by assuring him that [i]f he takes the witness stand in his own defense, he'll make sure that he receives a life sentence.

3. Whether Appellant must be resentenced where the District Court, sentenced him in accordance with the charges contained in the indi ctment, but Appellant plead to a different charge, contained in the Plea Agreement.

4. Where there is an obvious Apprendi/Blakely error, must Appellant be resentenced.

5. Whether Appellant must be resentenced where counsel was so in effective at [both] the trial-level, and Appellate level, that his representation amounted to (no representation.)

6. Whether Appellant must be retried where the cumulative effect of "numerous ''' Constitutional errors; Procedural errors; Due Process errors rendered the proceedings inherently unfair.

7. Where the rulings of the District Court, and the Appellate Courts' are in conflict with this court((the SupremeCGourt) in relation to their holdings to this particular case ?

Question Presented (AI Summary)

Whether the district court violated Appellant's right to due process and his Sixth Amendment right to a fair trial

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Waiver of right of respondent United States to respond filed.
2019-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Carlos A. Ochoa-Orozco
Carlos Ochoa-Orozco — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent