Frank J. Ballesteros v. United States
HabeasCorpus
Should this Court grant review of the court of appeals' decision based on this Court's subsequent decision in Rosales-Mireles v. United States that requires resentencing when a sentence is based on a miscalculation of the advisory sentencing guidelines that affected the fairness, integrity, or public reputation of the judicial proceedings?
QUESTIONS PRESENTED 1. Should this Court grant review of the court of appeals’ decision based on this Court’s subsequent decision in Rosales-Mireles v. United States that requires resentencing when a sentence is based on a miscalculation of the advisory sentencing guidelines that affected the fairness, integrity, or public reputation of the judicial proceedings? 2. Did the Court of Appeals’ application of the timeliness standard for consideration of the “newly discovered evidence” doctrine in evaluating postconviction claims departed from this Court’s precedent and undermined fair consideration of claims by pro se applicants, thus warranting Supreme Court review to restore uniformity and certainty to the law of post-conviction relief?