No. 21-5053

Hernando Javier Vergara v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release
Key Terms:
FifthAmendment Punishment
Latest Conference: 2021-09-27
Question Presented (from Petition)

In a previous holding (United States v Raymond , 588 U.S., 139 S.Ct._,
204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(1*;)
was unconstitutional due to its requirement of a mandatory minimum sentence
without the benefit of a jury. This had the effect of, for the first time,
applying criminal protections to the Supervised Release Statute (18 U.S.C.
§3583). The Questions Presented in this petition are:

1) Should the Haymond ruling be considered retroactive?

2) Is Haymond in fact, a new line of jurisprudence?

3) Does the Unconstitutionality of §3583 (k) invite Constitutional
scrutiny upon the entirety of §3583?

4) If so, then does §3583 violate the 5th, 6th, and 8th Amendments?

5) Is a Supervised Release Term of Life Unconstitutional?

Question Presented (AI Summary)

Should the Haymond ruling be considered retroactive?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-20
Waiver of right of respondent United States to respond filed.
2021-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Hernando Vergara
Hernando Javier Vergara — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent