No. 20-5636

Miguel Figueroa v. United States

Lower Court: Second Circuit
Docketed: 2020-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-conviction criminal-procedure due-process federal-jurisdiction gun-statute plea-bargaining plea-colloquy predicate-offense sentencing sentencing-enhancement statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-10-09
Question Presented (from Petition)

Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.S.C. § 924(c) suffices to establish the predicate where the defendant was not convicted of the predicate and his guilty plea to the gun charge did not itself acknowledge that the plea was predicated on that conduct.

Question Presented (AI Summary)

Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.S.C. §924(c) suffices to establish the predicate where the defendant was not convicted of the predicate and his guilty plea to the gun charge did not itself acknowledge that the plea was predicated on that conduct

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondent United States to respond filed.
2020-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Miguel Figueroa
Malvina Nathanson — Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent