No. 22-5693

Rosa Isela Acuna v. United States

Lower Court: Ninth Circuit
Docketed: 2022-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: controlled-substance controlled-substances criminal-conviction criminal-law drug-importation due-process mens-rea sentencing sentencing-enhancement statutory-interpretation
Latest Conference: 2022-10-28
Related Cases: 22-5638 (Vide)
Question Presented (from Petition)

Whether, under 21 U.S.C. § 960, a defendant who know ingly imports a
controlled substance can be convicted and subjected to an enhanced
punishment on the basis of drug type and quantity i n the absence of proof
that she knew she possessed that drug type and/or q uantity?

Question Presented (AI Summary)

Whether a defendant can be convicted and subjected to enhanced punishment for drug type and quantity without proof of knowledge

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-04
Waiver of right of respondent United States to respond filed.
2022-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2022)

Attorneys

Rosa Isela Acuna
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent