No. 19-7617
Donato Amaya-Rivas v. United States
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement
Key Terms:
DueProcess FifthAmendment Immigration Privacy JusticiabilityDoctri
DueProcess FifthAmendment Immigration Privacy JusticiabilityDoctri
Latest Conference:
2020-03-20
Question Presented (from Petition)
I. Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily must show a reasonable probability that he would not have pled guilty.
II. Whether a sentence is unconstitutional when a prior conviction, not admitted by the defendant when he pled guilty, causes the sentence to exceed the otherwise applicable statutory maximum.
Question Presented (AI Summary)
Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily must show a reasonable probability that he would not have pled guilty
Docket Entries
2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent United States to respond filed.
2020-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2020)
Attorneys
Donato Amaya-Rivas
Lynn Palmer Bailey — Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent