No. 18-7004

Miguel Rodriguez-Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights
Latest Conference: 2019-01-11
Question Presented (from Petition)

Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand for the sole purpose of determining whether this error affected substantial rights?

Question Presented (AI Summary)

Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand for the sole purpose of determining whether this error affected substantial rights?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2019)

Attorneys

Miguel Rodriguez-Garcia
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent