No. 20-6426
Jose Farias-Valdovinos v. United States
Response WaivedIFP
Tags: appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2021-01-08
Question Presented (from Petition)
Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent crime is sufficient to prove that an inadequate factual basis exists for the plea if the record is silent or the defendant's mens rea is unclear.
Question Presented (AI Summary)
Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent crime is sufficient to prove that an inadequate factual basis exists for the plea if the record is silent or the defendant's mens rea is unclear
Docket Entries
2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-16
Waiver of right of respondent United States to respond filed.
2020-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)
Attorneys
Jose Farias-Valdovinos
Christopher S Swiecicki — Swiecicki & Muskett, LLC, Petitioner
USA
Jeffrey B. Wall — Acting Solicitor General, Respondent