No. 20-6736

Salvador Diaz v. United States

Lower Court: Second Circuit
Docketed: 2020-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure constitutional-challenge court-of-appeals due-process jurisdiction prior-conviction sorna-violation statutory-interpretation supervisory-power venue venue-selection
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Whether the Court of Appeals' failure to remedy the District Court's improper venue selection conflicts with this Court's decisions in Nichols v. United States, 136 S. Ct. 1113 (2016) and Carr v. United States, 560 U.S. 438 (2010), and decisions of other circuits, warranting an exercise of this Court's supervisory power.

2. Whether the Court of Appeals' decision denying Petitioner his right to attack his prior conviction necessary for a SORNA violation conflicts with this Court's authority in Custis v. United States, 511 U.S. 485 (1994), and is an important federal question calling for an exercise of this Court's supervisory power.

3. Whether SORNA violates the Constitution as its laws are punitive and whether contesting precedent that hold s otherwise should be permitted when that precedent runs afoul of the Constitution.

Question Presented (AI Summary)

whether-the-court-of-appeals'-failure-to-remedy-the-district-court's-improper-venue-selection

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-08
Waiver of right of respondent United States to respond filed.
2020-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2021)

Attorneys

Salvador Diaz
Robin SmithLaw Office of Robin C. Smith, Esq., P.C., Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent