No. 20-6557

Richard Cruz v. United States

Lower Court: Second Circuit
Docketed: 2020-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law due-process felony-drug-offense fifth-amendment jury-verdict mandatory-minimum-sentence sentencing sixth-amendment vagueness vagueness-doctrine
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-01-15
Question Presented (from Petition)

I. Whether the definition of "felony drug offense" for the pur poses of 21 U.S.C. §851 is void for vaguene ss after Johnson, Dimaya, and Da vis.

II. Whether, assuming arguendo th at the "felony drug offense" definition is not void for vagueness, Petitione r is nonetheless entitled to r esentencing due to the court's failure to abide by the dictates of 21 U.S.C. §8 51(b).

III. Whether the use of Petitione r's prior conviction to incre ase the mandatory minimum sentence violat ed the Fifth and Sixth Amendme nts, where the jury did not find it beyond a reasonable doubt.

IV. Whether the jury verdict fo rm was coercive and suggestive, improperly impinging on Petitioner's Fifth and Sixth Amendment rights, whe re it did not ask the jury which drugs we re involved in the conspiracy bu t rather assumed that cocaine base was involved.

Question Presented (AI Summary)

Whether the definition of 'felony drug offense' for the purposes of 21 U.S.C. §851 is void for vagueness after Johnson, Dimaya, and Davis

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-18
Waiver of right of respondent United States to respond filed.
2020-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)

Attorneys

Richard Cruz
Tina Schneider — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent