No. 18-7077

JC Christopher Pulham v. United States

Lower Court: Tenth Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review district-court legal-standard plain-error plain-error-review presumption presumption-of-correctness presumption-of-knowledge sentencing-guidelines standard-of-review
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-01-18
Question Presented (AI Summary)

When a district court does not articulate the legal standard it is applying, may an appellate court presume that the district court knew and correctly followed the law, even when there are indications to the contrary?

Question Presented (from Petition)

QUESTION PRESENTED This Court has held that appellate courts may presume that district courts know and correctly follow the law. But while this principle is sound in theory, its application in practice is often nuanced. This case, which concerns the application of a Sentencing Guidelines enhancement whose meaning is not at issue, presents the following question: When a district court does not articulate the legal standard it is applying, may an appellate court presume that the district court knew and correctly followed the law, even when there are indications to the contrary? i

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-26
Waiver of right of respondent United States to respond filed.
2018-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)
2018-10-03
Application (18A347) granted by Justice Sotomayor extending the time to file until December 14, 2018.
2018-10-01
Application (18A347) to extend the time to file a petition for a writ of certiorari from October 15, 2018 to December 14, 2018, submitted to Justice Sotomayor.

Attorneys

JC Christopher Pulham
John Carl ArceciOffice of the Federal Public Defender for the Districts of Colorado and Wyoming, Petitioner
John Carl ArceciOffice of the Federal Public Defender for the Districts of Colorado and Wyoming, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent