No. 18-8390

Jose Salvador Lantigua v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-U.S.C.-455(a) 28-usc-455 court-victim criminal-procedure due-process judicial-bias judicial-recusal recusal sentencing sentencing-guidelines victim-of-crime
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether a sentencing judge should recuse himself when he expressly views his own court as a 'victim' of the offense in deciding to sentence a defendant to more than double the recommended sentencing guidelines range?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, consistent with due process and 28 U.S.C. § 455(a), a sentencing judge should recuse himself when he expressly views his own court as a “victim” of the offense in deciding to sentence a defendant to more than double the recommended sentencing guidelines range? : i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States of America to respond filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2019)

Attorneys

Jose Lantigua
M. Allison GuagliardoFederal Defender's Office, Petitioner
M. Allison GuagliardoFederal Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent