No. 23-6051

Stephen Aguiar v. United States

Lower Court: Second Circuit
Docketed: 2023-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii cares-act case-or-controversy drug-conspiracy home-confinement prison-term supervised-release
Latest Conference: 2024-01-05
Question Presented (from Petition)

DOES A PRISONER SERVING A -36 MONTH PRISON TERM FOR REVOCATION
OF SUPERVISED RELEASE CONCURRENT WITH HIS 360 MONTH PRISON TERM
FOR A DRUG CONSPIRACY MEET ARTICLE HI'S CASE OR CONTROVERSY
REQUIREMENT WHEN PRISON OFFICIALS DENY THE PRISONER RELEASE TO
HOME CONFINEMENT UNDER THE CARES ACT BECAUSE' OF THE PETITIONER'S
VIOLATION OF SUPERVISED RELEASE FOR WHICH HIS SUPERVISED RELEASE
WAS REVOKED?

DO NUMEROUS VERMONT STATE SUPERIOR COURT NUNC PRO TUNC ORDERS
OF EXPUNGEMENT EXPUNGING PETITIONER'S PRIOR CONVICTIONS USED
TO INCREASE HIS 2001 -IMPOSED MANDATORY GUIDELINE SENTENCE
RENDER PETITIONER ACTUALLY INNOCENT OF HIS 2011 VIOLATION OF
SUPERVISED RELEASE?

Question Presented (AI Summary)

Does a prisoner serving a 36-month prison term for revocation of supervised release concurrent with his 360-month prison term for a drug conspiracy meet Article III's case-or-controversy requirement when prison officials deny the prisoner release to home confinement under the CARES Act because of the petitioner's violation of supervised release for which his supervised release was revoked?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

Stephen Aguiar
Stephen Aguiar — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent