No. 21-5016
Salvador Acosta v. United States
Tags: appellate-review criminal-knowledge criminal-law drug-statutes evidence harmless-error mens-rea sentencing sentencing-enhancement testimony
Key Terms:
HabeasCorpus JusticiabilityDoctri
HabeasCorpus JusticiabilityDoctri
Latest Conference:
2021-12-10
Question Presented (from Petition)
1. Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a preserved trial error was harmless.
2. Whether the knowingly mens rea in the federal drug statutes, 21 U.S.C. §§ 841, 960, applies to the elements of drug type and quantity that establish mandatory minimum and enhanced maximum sentences.
Question Presented (AI Summary)
Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a preserved trial error was harmless
Docket Entries
2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-18
Reply of petitioner Salvador Acosta filed.
2021-11-05
Brief of respondent United States in opposition filed.
2021-10-04
Motion to extend the time to file a response is granted and the time is further extended to and including November 5, 2021.
2021-10-01
Motion to extend the time to file a response from October 7, 2021 to November 5, 2021, submitted to The Clerk.
2021-08-23
Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2021.
2021-08-20
Motion to extend the time to file a response from September 7, 2021 to October 7, 2021, submitted to The Clerk.
2021-07-29
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2021.
2021-07-28
Motion to extend the time to file a response from August 5, 2021 to September 6, 2021, submitted to The Clerk.
2021-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2021)
Attorneys
Salvador Acosta
Benjamin Lee Coleman — Singleton Schreiber McKenzie & Scott LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent