No. 18-6904

Oree Roberson v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-03
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: burden-of-proof chavez-meza chavez-meza-v-united-states circuit-conflict due-process fifth-circuit judicial-review mitigation presentence-report sentencing sentencing-guidelines sentencing-procedure standard-of-review
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the defendant bears the burden to establish that objected to information in the Presentence Report is materially untrue, or whether the government bears the burden of supporting such information

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the defendant bears the burden to establish that objected to information in the Presentence Report is materially untrue, or whether, instead, the government bears the burden of supporting such information, and whether this court should correct the circular position of the Fifth Circuit that holds that a conclusion in the PSR is itself evidence that supports the same conclusion in the PSR? I. This Court should grant certiorari to resolve the apparent conflict between the Fifth Circuit and this Court’s decision in Chavez-Meza v. United States, 138 S.Ct. 1959 (2018), as a well a split in circuit authority regarding the standard of review when a district court fails to address arguments of counsel in mitigation of sentencing. i

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-01-03
Rescheduled.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-10
Waiver of right of respondent United States to respond filed.
2018-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2019)

Attorneys

Oree Roberson
Peter Michael FleuryOffice of the Federal Public Defender, Petitioner
Peter Michael FleuryOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent