No. 19-5450

Paul Suarez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence
Latest Conference: 2019-10-01
Question Presented (from Petition)

1) DID THE PANEL ERR BY HOL DING THAT THE "LAW OF THE CASE"
GOVERNED ITS DECI SION IN HOLDING THAT THE EVIDENCE WAS
LEGALLY SUFFICIENT TO SUSTAIN THE PETITIONER'S
CONVI CTION?

2) DID THE PANEL ERR BY HOL DING THAT FOR PURPOSES OF A
CONVI CTION UNDER 18 U.S.C. § 924(C)(1)(A), WHETHER A
DEF ENDANT USED A PARTICUL AR FIREARM PERTAI NS TO THE
MEANS BY WHICH THE CRIME WAS COMMI TTED, AND
THEREF ORE A JURY IS NOT REQUI RED TO DETER MINE
UNANI MOUSL Y THAT A PARTI CUL AR F IREARM W AS USED?

Question Presented (AI Summary)

Did the panel err by holding that the 'law of the case' governed its decision in holding that the evidence was legally sufficient to sustain the petitioner's conviction?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-13
Waiver of right of respondent United States to respond filed.
2019-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2019)

Attorneys

Paul Suarez
Amy R BlalockBlalock Law Firm, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent