No. 21-6253
Baltazar Aguirre-Rivera v. United States
Tags: criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory
Latest Conference:
2022-01-07
Question Presented (from Petition)
When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when the negated element is the fact triggering the mandatory minimum sentence, contrary the Fifth Circuit's holding?
Question Presented (AI Summary)
When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when the negated element is the fact triggering the mandatory minimum sentence
Docket Entries
2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent United States to respond filed.
2021-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2021)
Attorneys
Baltazar Aguirre-Rivera
Kristin L. Davidson — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent