No. 24-5451

Martin Moncada-de la Cruz v. United States

Lower Court: Fifth Circuit
Docketed: 2024-09-04
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: controlled-substances-act criminal-procedure drug-possession intent-to-distribute material-evidence witness-deportation
Key Terms:
DueProcess
Latest Conference: 2025-01-10
Related Cases: 24-5501 (Vide)
Question Presented (from Petition)

1. Whether, for purposes of the Controlled Substances Act, proof of possession with intent to distribute requires a showing of control over the drugs, rather than mere touching of someone else's drugs.

2. Whether, when the government has deported a witness who has material evidence favorable to the defendant, that evidence can be deemed cumulative if the government admits a summary of the deported witness's testimony and then asks the jury to disbelieve that summary.

Question Presented (AI Summary)

Whether proof of possession with intent to distribute requires showing control over drugs beyond mere touching, and whether deportation of a material witness precludes fair trial when government asks jury to disbelieve witness's summary testimony

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-10-25
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2024.
2024-10-23
Motion to extend the time to file a response from November 4, 2024 to December 4, 2024, submitted to The Clerk.
2024-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2024.
2024-09-24
Motion to extend the time to file a response from October 4, 2024 to November 4, 2024, submitted to The Clerk.
2024-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2024)

Attorneys

Martin Moncada de la Cruz
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent