No. 20-6911

Dimas Alfaro-Granados v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar
Latest Conference: 2021-02-19
Question Presented (from Petition)

[1]- 1st Question Presented on Request and Application for COA
Did the appellate court err in denying a certificate of appealability on whether the district
court erred or alternatively abused its discretion in adopting the Magistrate Judge 's finding that
Mr. Alfaro-Granados ' counsel was not ineffective for failing to propound a necessary and
meritorious challenge - based on Miller v. Alabama, 567 U.S. 460 (2012) - to Mr. Alfaro-
Granados ' prosecution on Counts 2 & 4 for VICAR, where the RICO enterprise pre-dated Mr.
Alfaro-Granados ' 18th Birthday?

[2]. 2nd Question Presented on Request and Application for COA
Did the appellate court err in denying a certificate of appealability on whether the district
court erred or alternatively abused its discretion in adopting the Magistrate Judge 's finding that
Mr. Alfaro-Granados ' counsel was not ineffective for failing to raise a necessary and meritorious
objection - based on Miller v. Alabama, 567 U.S. 460 (2012) - to the imposition of
unconstitutional Life sentences on Counts 2 & 4 for VICAR, where the RICO enterprise pre
dated Mr. Alfaro-Granados ' 18th Birthday?

[3]. 3rd Question Presented on Request and Application for COA
Did the appellate court err in denying a certificate of appealability on whether the district
court erred or alternatively abused its discretion in adopting the Magistrate Judge 's finding that
Mr. Alfaro-Granados ' appellate counsel was not ineffective for failing to appeal Mr. Alfaro-
Granados ' Life sentences as having been imposed in violation of Miller v. Alabama, 567 U.S.
460 (2012)?

Question Presented (AI Summary)

whether-counsel-was-ineffective

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent United States to respond filed.
2021-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Dimas Alfaro-Granados
Dimas Alfaro-Granados — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent