No. 18-5280

Patrick Lanier v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error
Latest Conference: 2018-11-30 (distributed 2 times)
Question Presented (from Petition)

1. In Puckett v. United States, 556 US 129, 135 (2009) this Court held that under the fourth prong of plain error review, "[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error 'seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings." 507 U.S. 725, 736 (1993). to meet that standard, is it necessary as the Fifth Circuit Court of appeals required in this case that the error be one that "...be reviewed only for a manifest miscarriage of justice" and necessitates reversal under Rule 52(b). [This issue has recently been argued before this Court in No. 16-9493, Rosales-Mireles v. United States].

2. Whether the written judgment—which conflicts with the oral pronouncement at sentencing and is obviously incorrect on the face—violates petitioner's rights under the Eight Amendment and necessitates reversal under rule 52(b). In this case, the Criminal Monetary Penalties provision of the judgment orders restitution in the amount of $37, 544, 944.16, but reflects losses of $0.00.

Question Presented (AI Summary)

Whether the plain error standard requires a 'manifest miscarriage of justice' to correct a forfeited error affecting substantial rights

Docket Entries

2018-12-03
Rehearing DENIED.
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-10-26
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondent United States to respond filed.
2018-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

Patrick Lanier
Mervyn Mosbacker Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent