No. 21-6894

Arnoldo Alvarado v. United States

Lower Court: Fifth Circuit
Docketed: 2022-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-111 18-usc-924c borden-v-united-states constitutional-review criminal-statute due-process federal-criminal-law sentencing-enhancement statutory-interpretation violent-crime
Latest Conference: 2022-02-18
Question Presented (from Petition)

WHETHER, IN LIGHT OF THE COURT'S RULING IN BORDEN V. UNITED STATES, 593 U.S. _ (2021), ALVARADO'S CONVICTION UNDER 18 U.S.C. §111 (a) AND (b) QUALIFIES AS A VIOLENT CRIME UNDER 18 U.S.C. §924(c)?

WHETHER THE TRIAL COURT'S SUA SPONTE ASSERTION OF THE AFFIRMATIVE DEFENSE OF 'INEVITABLE DISCOVERY' VIOLATES THIS COURT'S PRONOUNCEMENT IN GREENLAW V. UNITED STATES, 554 U.S. 237, 243-244, 128 S.CT. 2559, 171 L.ED. 2D 399 (2008)?

WHETHER THE USE OF A RUSE, IN ORDER TO OBTAIN CONSENT TO SEARCH A HOME, UNDER THE CIRCUMSTANCES AT BAR, VIOLATES THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION?

WHETHER IN LIGHT OF THE ISSUES IN THIS CASE, JURISTS COULD DISAGREE WITH THE DISTRICT COURT'S RESOLUTION OF ALVARADO'S CONSTITUTIONAL CLAIMS UNDER SLACK V. MCDANIEL, 529 U.S. 473, 484 (2000), AND MILLER-EL V. COCKRELL, 537 U.S. 322, 336 (2003), AND COA SHOULD ISSUE?

Question Presented (AI Summary)

whether-alvarado's-conviction-qualifies-as-violent-crime

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-21
Waiver of right of respondent United States to respond filed.
2021-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2022)

Attorneys

Arnoldo Alvarado
Arnoldo Alvarado — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent