No. 18-8044

Lois Brooks v. United States

Lower Court: Second Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure government-rights judicial-integrity judicial-proceedings mandatory-minimum plain-error sentencing sentencing-error substantial-rights
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Does the government have 'substantial rights' such that actions taken in derogation of them may constitute 'plain error' under Fed. R. Crim. Pro. 52(b)?

Question Presented (from Petition)

Questions Presented Does the government have “substantial rights” such that actions taken in derogation of them may constitute “plain error” under Fed. R. Crim. Pro. 52(b)? If so, did the imposition of a sentence of post-release supervision below a statutory mandatory minimum affect the government’s “substantial rights” in this case? If it did, did the imposition of such a sentence also “seriously affect the fairness, integrity or public reputation of judicial proceedings” as required by United States v. Olano, 507 U.S. 725, 732 (1993)? This Court has not previously addressed the question of whether such an error in favor of a defendant falls within the scope of Fed. R. Crim. Pro. 52(b). The Courts of Appeals are divided on this issue. See United States v. Steed, 879 F.3d 440, 453 (1% Cir. 2018) (citing cases).

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Lois Brooks
Andrew St LaurentHarris, St. Laurent & Chaudhry LLP, Petitioner
Andrew St LaurentHarris, St. Laurent & Chaudhry LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent