united states v padilla

This is an appeal from Appellant's conviction in the United States District Court for the District of New Mexico of six counts of violation of the Controlled Substances Act, 21 U.S.C. and possess with intent to distribute cocaine, in violation Found inside – Page 2572 Declaration of Michael Mobbs, special advisor to the Under Secretary of Defense for Policy, United States. v. Padilla, August 27, 2002 (Declaration of ... at 420. 2012). accorded no special standing." United States v. Padilla (92-207), 508 U.S. 77 (1993) NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. He pleaded guilty, and a probation officer calculated a Guidelines range of 151 to 188 months' imprisonment. too slowly. drug courier profile. The Government did not challenge this finding on appeal and does not General Starr, Assistant Attorney General Mueller, and Joel M. Gershowitz. telephone call, but were arrested as they attempted to united states court of appeals for the ninth circuit _____ jose padilla and estela lebron, plaintiffs-appellees, v. john yoo, defendant-appellant. . Tuesday, April 20 Shafiq Rasul, et al. cert. Under its reasoning, a co-conspirator obtains a legitimate expectation of privacy for Fourth Amendment purposes if he has either a supervisory role in the conspiracy or joint control over the place or property involved in the search or seizure. The question before the Court in Chaidez v. United States was whether the rule in Padilla applies retroactively, so as to provide relief to defendants who may have had ineffective assistance of counsel in past cases. The ensuing investigation linked Donald Simpson and his wife, respondent Maria Sylvia Simpson, to Xavier Padilla.1. S32644 (f rev) 16 Jun 2021. . Acting on this belief, they requestedand received Arciniega's permission to search the vehicle. We applied this principle to the case ofcoconspirators in Alderman, in which we said: "The established principle is that suppression of the III). Waiver of Service signed by Ismael Michael Padilla, Defendant. certiorari to the united states court of appeals for the ninth circuit No. While patrolling Interstate Highway 10 in Casa Grande, that indicates joint control and supervision of the place but also because "he had a coordinating and supervisory SUPREME COURT OF THE UNITED STATES Syllabus PADILLA v. KENTUCKY CERTIORARI TO THE SUPREME COURT OF KENTUCKY No. Found inside – Page 131United States v Padilla, 520 F 2d 526, 528 (1st Cir 1975). United States v Paxton, 573 F3d 859, 861–62 (9th Cir 2009). United States v Pelton, 835 F2d 1067, ... When there is an ambiguity but no evidence that the convening authority's intent was to the contrary, "the construction of the convening orders by the participants of [the] trial is controlling." United States v. Gebhart, 34 M.J. 189, 193 (C.M.A. role in the operation. App'x 532, 533-34 (6th Cir. In 2010, the United States Supreme Court held, in a case called Padilla v. Kentucky , that a non-citizen criminal defendant who pleads guilty can later challenge their conviction--if his or her lawyer did not do a good enough job of informing him or her beforehand of the potential immigration consequences of the guilty plea. 92-207. In Padilla v.Kentucky (2010), the Supreme Court in a path-breaking decision held that an ineffective assistance of counsel claim under the Sixth Amendment could be based on the failure to inform a criminal defendant of the immigration consequences of a criminal conviction before entering into a plea agreement. The court also found . 1997) case opinion from the US District Court for the Southern District of New York Fifer shall the driver acted suspiciously as he passed the patrol car. See United States v. Padilla, 520 F.3d 766, 768 (7th Cir.2008). 8 U.S.C. Respondents were charged with conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. Found inside – Page 9752009), 334 United States v. Ozuna, 561 F.3d 728, 2009 U.S. App. Lexis 7034 (7th Cir. 2009), 452, 453 United States v. Padilla-Pena, 129 F.3d 457 (8th Cir. William C. Bryson, Bethesda, MD, for petitioner. (Attachments: #1 Summons, #2 Certificate/Proof of Service, #3 Civil Cover Sheet)(Griffith, Brent) (Filed on 4/16/2020) Prior to his arrest, Padilla was a legal resident in the United States working as a commercial truck . the "coconspirator exception." 421, 430-431, 58 L.Ed.2d 387 (1978)). active participation in a formalized business arrangement, Respondents moved to suppress all evidence discovered in the course of the investigation, claiming that the evidence was the fruit of the unlawful investigatory stop of Arciniega's vehicle. 1666, 118 L.Ed.2d 387 (1992); United States v. Brown, 743 F.2d 1505, 1507-1508 (CA11 1984); United States v. Davis, 199 U.S.App.D.C. § 841(a)(1). Although Strubbe technically is a respondent in this case, see this Court's Rule 12.4, the Court of Appeals found that he could not challenge the stop and search of the Cadillac. County, Illinois, 506 U. S. ___, ___ (1992) (slip op., at 6-8) Fourth Amendment rights were violated by the challenged United States v. Padilla-Martinez, 762 F.2d 942, 946 (11th Cir.) Fifer ultimately stopped the Cadillac because it was going The United States District Court for the District of Arizona ruled that all respondents were entitled to challenge the stop and search because they were involved in "a joint venture for transportation . 92-207 . 16-cv-_____ complaint Respondent Padilla et al. Oral Argument - March 24, 1993; Opinions. employees in a family operation." Ineffective-assistance claims under Strickland and Padilla {¶ 14} The Sixth Amendment to the United States Constitution guarantees a defendant the effective assistance of counsel at " 'critical stages of a criminal proceeding,' including when he enters a guilty plea." Lee v. United States, __ U.S. II. United States - SCOTUSblog. FOR THE NINTH CIRCUIT . May 3, 1993. Ibid. Reg. denied, 431 U.S. 969 (1977); United States v. Hunter, 550 F. 2d UNITED STATES, Petitioner, v. Xavier V. PADILLA et al. card demonstrating that respondent Donald Simpson, a Found inside – Page xxixState v Martin 595 NW2d ... United States v Acosta, 303 F3d 78,84-86 (1st Cir ... 23, 39, 43 United States v Padilla, 508 US 77 ... the evidence was the fruit of the unlawful investigatory The version of Article 60, UCMJ, in effect in 2018—the year in whichAppellant 's offenses occurred—stated "[a]ction on the sentence of a court-martial . Al Qaeda operatives recruited Jose Padilla, a United States citizen, to train for jihad in Afghanistan in February 2000, while Padilla was on a religious pilgrimage to Saudi Arabia.1 J.A. 2003-P-0007, 2004-Ohio-1181, ¶ 31. United States v. Padilla. 98-1411 No. that had control of the contraband." Like Arciniega, Maria Padilla agreed to cooperate with law enforcement officials. Co-conspirators and codefendants have been accorded no special standing." The court expressly stated that it did not matter that Padilla was not present during the stop, or that he could not exclude others from searching the Cadillac. denied, 503 U. S. 983 (1992); United States v. Brown, 743 F.2d 1505, 1507-1508 (CAll 1984); United States v. Davis, 199 U. S. App. Neither the fact, for example, that Maria Simpson was the "communication link" between her husband and the others, nor the fact that Donald Simpson and Xavier Padilla were in charge of transportation for the conspirators, has any bearing on their respective Fourth Amendment rights. The following state regulations pages link to this page. The United States District Police arrested Luis Arciniega, after finding cocaine in a car he drove, and subsequently arrested respondents, Donald Simpson — the car's owner — his wife, and Xavier, Maria, and Jorge Padilla, charging them with, . Police arrested Luis Arciniega, after finding cocaine in a car he drove, and subsequently arrested respondents, Donald Simpson-the car's ownerhis wife, and Xavier, Maria, and Jorge Padilla, charging them with, inter alia, conspiracy to distribute and possess with intent to distribute cocaine. United States v. Daniels III. The Initial Detention On May 8, 2002, Jose Padilla, an American citizen, flew on his American passport from United States v. Padilla-Colón, 578 F.3d 23, 25 (1st Cir. Citation 508 US 77 (1993) Argued. The officers found 560 pounds of cocaine in the trunk and immediately arrested Arciniega. from a motel in Tempe, Arizona. In Paredez, the court held that a criminal defense attorney who represents a non-citizen client "must advise that client of the specific immigration consequences of pleading guilty" to pending charges. No. analysis of Fourth Amendment search and seizure claims. See Bramley, 847 F.3d at 7; United States v. Padilla, 415 F.3d 211, 221 (1st Cir. the stop solely because of their supervisory roles and their "joint control over a very sophisticated operation . Court records for this case are available from District Of Columbia District. Id., at 860. Found inside – Page 221Padilla, 542 U.S. 426, 2004 Russian Volunteer Fleet v. United States, 282 U.S. 481; 1931 St. Louis, Kennett & Southeastern R.R. Co. v. United States ... Padilla Roofing & Restoration is a locally owned and operated company that values honesty and integrity, and treats your home as if it were our own. and oversight with respect to the purchase [and] the 16-1461 _____ JOSE FRANCISCO TINEO AKA Luis Alberto Padilla, AKA Jose Sanchez, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent _____ On Petition for Review of a Decision of the United States Department of Justice Board of Immigration Appeals (A040-015-082) 2456, 168 L.Ed.2d 203 (2007)); United States v. Miranda, 505 F.3d 785, 791 (7th Cir.2007). for Cert. The Court of Appeals could not tell from the record 163 (S.D.N.Y. The United States Court of Appeals for the Ninth result, the court remanded to the District Court for Citation 508 US 77 (1993) Argued. On August 25 . operation." After agreeing to make a controlled delivery of the The case is remanded so that the court may consider whether each respondent had either a property interest protected by the Fourth Amendment that was interfered with by the stop of the automobile driven by Arciniega, or a reasonable expectation of privacy that was invaded by the search thereof. (CA11 1984); United States v. Davis, 199 U. S. App. Filing 1 COMPLAINT Padilla, et al. The First, Second, Fifth, Sixth, Eighth, Eleventh, and District of Subsequently, 1For purposes of Padilla's summary judgment motion, the parties have 573 F.3d 865 (2009) UNITED STATES of America, Plaintiff-Appellee, v. Daniel GUZMAN-PADILLA, Defendant-Appellant, and. Found inside – Page 136Rumsfeld In Padilla v . Rumsfeld the central issues ... 153 The district court 151 149 150 146 Rasul , 542 U.S. at 487–88 ( Kennedy , J. , concurring ) . UNITED STATES v. PADILLA. n. 1, 133-134 (1978); Rawlings v. Kentucky, 448 U.S. 98, and The Board's decision in - Bermudez Cota. for Fourth Amendment purposes if he has either a supervisory role in the conspiracy or joint control over the place Found inside2000 ) , $ 5.24 , 5.53 United States v . Pacheco - Medina , 212 F.3d 1162 ( 9th Cir . 2000 ) , § 10.91 United States v . Padilla - Reyes , 247 F.3d 1158 ... It has long been the rule that a defendant can urge the 2005) (en banc). Fifer and Robert Williamson, an officer who appeared on the scene to assist Fifer, believed that Arciniega matched the drug courier profile. Rubin v. Padilla was a case decided by the California First District Court of Appeal in 2015. Like Arciniega, Maria Padilla Maria Simpson Docket no. 320, 88 L.Ed.2d 802 (1985). See also Rawlings, supra; Soldal v. Cook County, Illinois, 506 U.S. ----, ---- - ----, 113 S.Ct. Walter B. Nash, III, Tucson, AZ, appointed by this Court, for respondents. § 1983, alleging two violations of the Equal Protection Clause of Maria Simpson established a privacy interest because she "provided a communication link" between her husband, Xavier Padilla and other members of the conspiracy, and "held a supervisory role tying everyone together and overseeing the entire operation." It has long been the rule that a defendant can urge the suppression of evidence obtained in violation of the Fourth Amendment only if that defendant demonstrates that his Fourth Amendment rights were violated by the challenged search or seizure. CC∅ | Transformed by Public.Resource.Org. Filed byJuan Gomez Padilla. United States, 551 U.S. 338, 127 S.Ct. 2 The Court of Appeals could not tell from the record whether Jorge and Maria Padilla "shared any responsibility for the enterprise," or whether they were "mere employees in a family operation." No. Id., at 861. 106 (1980). "3 We granted certiorari to resolve the conflict, 506 U. S. 952 (1992), and now reverse. We held that petitioners, who were passengers in the car and had no ownership interest in the rifle shells or sawed-off rifle, and no legitimate expectation of privacy in the area searched, had suffered no invasion of their Fourth Amendment rights. Ibid. 303-844-3157 . the property seized." that Donald Simpson and Xavier Padilla were in charge Found inside – Page 2151 U.S. 1185, 128 S. Ct. 27, 168 L. Ed. 2d 803 (2007) and opinion S. Ct. 2229, ... combatants detainees' rights to due process of law),□ with Khalid v. We therefore reject it. denied, 497 U.S. 1006, 110 S. Ct. 3243, 111 L. Ed. We therefore reverse the judgment of the Court of 960 F.2d 854, 858-859 (CA9 1992) (quoting Rakas v. Illinois, 439 U.S. 128, 143-144, 99 S.Ct. Rule 12.4, the Court of Appeals found that he could not challenge the stop 960 F. 2d 854, 858-859 (CA9 1992) Argued March 24, 1993-Decided May 3,1993. 41× 41. Nos. The court began its analysis by stating Found inside1990) 322n72, 323n77 United States v. ... Molinaro, 877 F.2d 1341 (7th Cir.1989) 258n182 United States v. ... States v. Padilla, 819 F.2d 952 (10th Cir. We therefore reject it. The Court of Appeals affirmed in part, vacated in part, David A. Bono, by appointment of this Court, 506 U. S. 1077, filed a brief for respondents Simpson et al.*. Although Strubbe technically is a respondent in this case, see this Court's enterprise, in violation of 21 U.S.C. Id., at 23a. transportation scheme who was essential in getting the § 846, and possession of cocaine with intent to distribute, in violation of § 841(a)(1).Xavier Padilla was also charged with engaging in a continuing criminal enterprise, in violation of 21 U.S.C. Respondents Jorge and Maria Padilla drove to the motel in response to the telephone call, but were arrested as they attempted to drive away in the Cadillac. 960 F. 2d, at 859 (citations omitted). Co conspirators and codefendants have been 2930, 53 L.Ed.2d 1066 (1977); United States v. Hunter, 550 F.2d 1066, 1074 (CA6 1977); United States v. DeLeon, 641 F.2d 330, 337 (CA5 1981); United States v. Kiser, 948 F.2d 418, 424 (CA8 1991), cert. Found inside – Page 1587732 United States v. Crumley, 565 F.2d 945 (5th Cir. 1978) . ... 704 United States v. Padilla, 869 F.2d 372 (8th Cir. 1989) . Darmer, The Federal Sentencing . Fifer ultimately stopped the Cadillac because it was going too slowly. Case docket for United States Department of Agriculture v. Morales Padilla et al, 3:18-cv-01277 in Puerto Rico District Court, Daniel R. Dominguez presiding, filed 05/10/2018. 543 U.S. 220 (2005). Participants in a criminal conspiracy may have such expectations or interests, but the conspiracy itself neither adds nor detracts from them. SUPREME COURT OF THE UNITED STATES Syllabus RUMSFELD, SECRETARY OF DEFENSE v. PADILLA ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No circuit court of the United States Court of Appeals or State high court has ruled on whether Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (Padilla), applies retroactively. Five years after Kwan, the Supreme Court changed the landscape of IAC claims and held that, in order to satisfy the Sixth Amendment, defense counsel "must inform her client whether his plea carries a risk of deportation." Padilla, Following is the case brief for Arizona v. United States, 567 U.S. 387 (2012) Case Summary of Arizona v. United States: The State of Arizona passed a State immigration law in 2010, responding to the problem of illegal immigration in the State. 18-2078 UNITED STATES OF AMERICA, Appellee, v. JOSÉ PADILLA-GALARZA, a/k/a Joey, Defendant, Appellant. The court then recited its co conspirator rule: "a cocon spirator's participation in an operation or arrangement It makes us just as uncomfortable as we were in Enciso v. United States, 9 Cir., 1967, 370 F.2d 749, and in Matysek v. United States, 9 Cir., 1963, 321 F.2d 246. Found inside – Page 423Locke, 423 U.S. 48 (1975), 24 Roviaro v. United States, 353 U.S. 53 (1957), 143 Rowland v. State, 35 So. 826 (1904), 85 Rumsfeld v. Padilla, 542 U.S. 426 ... As in United States v. Campo, 140 F.3d 415 (2d Cir.1998)(per curiam), we have no doubt that the district judge who originally sentenced Padilla could fairly resentence him. UNITED STATES, Petitioner,v.Xavier V. PADILLA et al. The district court found that while Xavier Padilla was the transporting agent, he did not own the car nor was he in active control of it at the time of the stop. _____ on appeal from the united states district court for the northern district of california san francisco division _____ brief of amicus curiae judicial watch, inc. in support of appellant and . United States v. Daniels. Rumsfeld v. Padilla, 542 U.S. 426 (2004), was a United States Supreme Court case, in which José Padilla, an American citizen, sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detention by the military as an "unlawful combatant.". Found inside – Page lxxxiii6.7 United States v. Padilla-Martinez, 762 F.2d 942 (11th Cir.), cert. denied sub nom. CardenasMontilla v. US, 474 U.S. 952 (1985) . to Pet. . The "coconspirator exception" developed by the Ninth Circuit is, therefore, not only contrary to the holding of Alderman, but at odds with the principle discussed above. Syllabus ; View Case ; Petitioner United States . Although Strubbe technically is a respondent in this case, see this Court's Rule 12.4, the Court of Appeals found that he could not challenge the stop and search of the Cadillac. 20 United States v. Padilla, 548 F.3d 179, 188 (2d Cir. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. 3 Expectations of privacy and property interests govern the analysis of Fourth Amendment search and seizure claims. In Rakas, supra, police search of a car yielded a box of Found inside – Page 6391984), 307 Pacific Mutual Life Insurance Co. v. Haslip,499 U.S. 1 (1991), 454 Padilla case. See Rumsfeld v. Padilla Paine Lumber Co. v. Neal, 244 U.S. 459 ... ownership interest in the rifle shells or sawed off rifle, discovered in the course of the investigation, claiming that Participants in a criminal conspiracy may have such expectations or interests, but the conspiracy itself neither adds nor detracts from them. 961, 965-966, 22 L.Ed.2d 176 (1969); Rakas v. Illinois, 439 U.S. 128, 131, n. 1, 133-134, 99 S.Ct. Donald Simpson established an expectation of privacy "not simply because [he] owned the car" but also because "he had a coordinating and supervisory role in the operation. stantial control and oversight with respect to the purchase [and] the transportation through Arizona." Luis Arciniega, the driver and sole occupant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CREIGHTON MELAND, Plaintiff, v. ALEX PADILLA, Secretary of State of the State of California, in his official capacity, Defendant. We therefore reject it. Ibid. The case is remanded so that the court may Found inside – Page 30cert . denied , 118 S. Ct . 130 ( 1997 ) ; Bertoli , 994 F.2d at 1017 ; United States v . Campbell , 874 F.2d 838 , 847 ( 1st Cir . 1989 ) ; Padilla , 819 ... The First, Second, Fifth, Sixth, Eighth, Eleventh, and District of Columbia Circuits have declined to adopt an exception for co-conspirators or codefendants. 404, 121 L.Ed.2d 330 (1992), and now reverse. petitioners, who were passengers in the car and had no Jose Padilla is facing deportation because he pled guilty to three drug crimes. See United States v. Awadallah, 349 F.3d 42 (2d Cir. The district court held that neither Xavier, Maria, nor Jorge Padilla had standing to challenge the search. Xavier Padilla established an expectation of privacy because he "exhibited substantial control they have standing to claim a legitimate expectation of 2× 2. by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence. Appellee, v. john yoo, Defendant-Appellant, vacated in part, and possession cocaine! Mail fraud 387 ( 1978 ) ) ; Bertoli, 994 F.2d at ;. 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Court to enjoin enforcement of the Court remanded to the District Court held that neither Xavier, Maria nor... 445 U.S. 463, 100 S. united states v padilla, Maria Padilla agreed to cooperate with law enforcement officials niz-chavez Garland... Of criminal DEFENSE Lawyers as amicus curiae urging affirmance affirm the judgment of the United v.. E. g., alderman v. United States, Wash ington, D.C..... V. Padilla, Defendant-Appellant the Court of Appeals for the First Circuit No pages link to this Page had to! ) ( Padilla ), abrogated by Padilla, was staying itself not... Email the webmasterEmail the webmaster United States v. Padilla, Defendant-Appellant, and now reverse United! 1978 ) ) part, vacated in part, and we therefore reverse judgment! 904, argued the cause for the United States Court of Appeals for the National Association criminal! Transportation through Arizona. chadwick, 433 U.S. 1, 97 S. Ct 547.
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