No. 20-7439
Michael Luis Suarez v. United States
Tags: 18-usc-924(c) actual-innocence categorical-approach crime-of-violence criminal-procedure due-process plea-bargaining predicate-offense procedural-default sentencing-guidelines statutory-enhancement
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2021-04-16
Question Presented (from Petition)
Whether a defendant may be enhanced under 18 U.S.C. § 924(c) where he entered a plea of guilty to an offense that no longer qualifies as a predicate offense and the government expressly chose not to prosecute him for an offense that might have qualified had he been convicted of that offense?.
Question Presented (AI Summary)
Whether a defendant may be enhanced under 18 U.S.C. § 924(c) where he entered a plea of guilty to an offense that no longer qualifies as a predicate offense and the government expressly chose not to prosecute him for an offense that might have qualified had he been convicted of that offense?
Docket Entries
2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-16
Waiver of right of respondent United States of America to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)
Attorneys
Michael Suarez
Margaret Yvonne Foldes — Federal Public Defender's Office, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent