No. 21-5077
Herbert Jonathan Castillo Juarez and Paola Valenzuela Arevalo v. United States
Response WaivedIFP
Tags: criminal-law criminal-procedure drug-crimes drug-type knowledge-requirement mens-rea rehaif-v-united-states sentencing sentencing-guidelines statutory-interpretation ussg-2d1.1
Latest Conference:
2021-09-27
Question Presented (from Petition)
Whether the government is required to prove a defendant's mens rea and knowledge with respect to the requisite drug type for penalties under Title 21 §841(b) and Title 21 § 960(b) and in calculating the drug quantity base offense level under USSG §2D1.1(c), in accordance with Rehaif v. United States?
Question Presented (AI Summary)
Whether the government is required to prove a defendant's mens rea and knowledge with respect to the requisite drug type for penalties under Title 21 §841(b) and Title 21 §960(b) and in calculating the drug quantity base offense level under USSG §2D1.1(c), in accordance with Rehaif v. United States
Docket Entries
2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-16
Waiver of right of respondent United States to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2021)
Attorneys
Paola Valenzuela Arevalo, et al.
L. Burton Finlayson — Law Office of L. Burton Finlayson, LLC, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent