No. 21-6844

Pedro Rafael Caraballo-Martinez v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-01-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure due-process harmless-error jury-instruction multiple-theory-error predicate-offense statutory-interpretation unconstitutional-vagueness united-states-v-davis vagueness
Latest Conference: 2022-02-18
Question Presented (from Petition)

Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid predicate offense and a predicate offense that was obtained in reliance on the unconstitutionally vague residual clause invalidated in United States v Davis, 139 S.Ct. 2319 (2019)?

Question Presented (AI Summary)

Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid predicate offense and a predicate offense that was obtained in reliance on the unconstitutionally vague residual clause

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
Waiver of right of respondent United States to respond filed.
2022-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Pedro Caraballo-Martinez
Bernardo LopezFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent