No. 20-6330

Benjamin Macias v. United States

Lower Court: Ninth Circuit
Docketed: 2020-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-defense criminal-procedure defendant-autonomy due-process mccoy-v-louisiana reckless-endangerment sentencing-guidelines sixth-amendment speedy-trial
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. In McCoy v. Louisiana , 138 S.Ct. 1500, 1511, 200 L.Ed. 821
(2018) the court held that the Sixth Amendment guarantees a
criminal defendant the right to personally decide what the objectives
of his defense are, that is, "to make his own choices about the
proper way to protect his own liberty." In McCoy the choice was
whether to insist that counsel not concede guilt.
The first question is whether the right to insist on a speedy
trial is a choice that falls within the reserved-for-the-client category.

2. The district court enhanced petitioner's sentence pursuant
to § 3.C1.2 of the Sentencing Guidelines, for creating a substantial
risk of death or serious bodily injury by driving recklessly "in the
course of fleeing from a law enforcement officer."
The second question is whether it is error to impose this
enhancement when a defendant is not aware anyone is pursuing
him, particularly when every other circuit to consider the question
has concluded that under those circumstances the enhancement
cannot be imposed.

Question Presented (AI Summary)

Whether the right to insist on a speedy trial is a choice that falls within the category of a criminal defendant's right to make his own choices about the proper way to protect his own liberty

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Waiver of right of respondent United States of America to respond filed.
2020-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2020)

Attorneys

Benjamin Macias
Walter K. Pyle — Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent