No. 20-8272

Roberto Luis Rene Martinez v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-rights correction double-jeopardy due-process judgment-commitment judicial-correction life-liberty sentencing
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. When a District Court vacates a sentence pursuant to the United States Supreme Court Decision in RUTLEDGE v. UNITED STATES, 116 S.Ct 1246 , 134 L.ed. 2d 419, 517 U.S. 292 (1996). Is a Correction of the Defendants Judgment and Commitment Order required.

2. Does the District Court 1s failure to correct a Defendant's Judgment and Commitment Order represent a deprivation of life and liberty as defined by the 14th Amendment to the United States Constitution4

3. Does the District Court 's refusal to correct the Judgment and Commitment order essentially create a double jeopardy? Multiple teirs of government agencies have used and will use this information to deprive Martinez of his Life and Liberty based on a count that was vacated through due process.

Question Presented (AI Summary)

When a District Court vacates a sentence pursuant to RUTLEDGE v. UNITED STATES, is a correction of the defendant's judgment and commitment order required?

Docket Entries

2021-10-04
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States to respond filed.
2021-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2021)

Attorneys

Roberto Martinez
Roberto Luis Rene Martinez — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent