No. 18-6459

Cliserio Balmes-Cruz v. United States

Lower Court: Ninth Circuit
Docketed: 2018-10-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review appellate-standard circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness rita-v-united-states sentencing sentencing-review standard-of-review
Latest Conference: 2018-11-30
Question Presented (from Petition)

In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to a defendant's non-frivolous arguments. Petitioner raised a number of non-frivolous arguments which the sentencing judge failed to address. Should this Court should resolve the conflict among the circuits as to whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge considered the defendant's non-frivolous arguments?

Question Presented (AI Summary)

Whether a sentencing judge must provide some express treatment to a defendant's non-frivolous arguments

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondent United States to respond filed.
2018-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

Cliserio Balmes-Cruz
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent