No. 18-6092

Robert Dion Ables v. United States

Lower Court: Fifth Circuit
Docketed: 2018-09-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: appellate-review criminal-appeals criminal-procedure criminal-procedure-plain-error-review empirical-analysis empirical-foundation-of-guidelines guideline-2g2.2 judicial-discretion plain-error sentencing sentencing-guidelines sentencing-policy substantive-reasonableness substantive-reasonableness-of-sentences
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Whether factual error is categorically immune from plain error review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether factual error is categorically immune from plain error review? IL. Whether sentences arising under Guideline 2G2.2 tend to produce substantively unreasonable sentences in the ordinary case? Whether a court of appeals may evaluate the empirical foundation of a Sentencing Guideline, or policy critiques of the Guideline, in order to determine whether the sentences it produces are reasonable in the ordinary case? il PARTIES Robert Dion Ables is the petitioner; he was the defendant-appellant below. The United States of America is the respondent; it was the plaintiff-appellee below. ill

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-05
Reply of petitioner Robert Dion Ables filed.
2019-01-18
Brief of respondent United States in opposition filed.
2018-12-17
Motion to extend the time to file a response from December 21, 2018 to January 18, 2019, submitted to The Clerk.
2018-12-17
Motion to extend the time to file a response is granted and the time is further extended to and including January 18, 2019.
2018-11-15
Motion to extend the time to file a response is granted and the time is extended to and including December 21, 2018.
2018-11-14
Motion to extend the time to file a response from November 21, 2018 to December 21, 2018, submitted to The Clerk.
2018-10-22
Response Requested. (Due November 21, 2018)
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Waiver of right of respondent United States to respond filed.
2018-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2018)

Attorneys

Robert Dion Ables
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent