No. 20-8402
Daniel Chica-Gutierrez v. United States
Tags: affirmative-defense collateral-attack criminal-procedure custis-rule federal-statutory-provision sentencing sentencing-commission sentencing-guidelines state-court-conviction statutory-interpretation
Key Terms:
Immigration
Immigration
Latest Conference:
2021-09-27
Question Presented (from Petition)
Whether a federal court is permitted to consider an argument that a prior state-court conviction does not satisfy a relevant federal statutory provision if accepting the argument would suggest that the defendant might have had an affirmative defense to the state prosecution.
Question Presented (AI Summary)
Whether a federal court is permitted to consider an argument that a prior state-court conviction does not satisfy a relevant federal statutory provision if accepting the argument would suggest that the defendant might have had an affirmative defense to the state prosecution
Docket Entries
2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States to respond filed.
2021-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2021)
Attorneys
Daniel Chica-Gutierrez
James Matthew Wright — Office of the Federal Public Defender, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent