No. 18-8810

Pedro Martinez-Negrete v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: advisory-guideline-range clear-error criminal-defendant criminal-procedure defendant-appellant government-response plain-error-review sentencing-guidelines
Latest Conference: 2019-05-16
Question Presented (from Petition)

Where a criminal defendant shows that the district court made a clear legal error when applying the U.S. Sentencing Guidelines, but the government responds with an alternative, debatable route through which the district court might have reached the same advisory guideline range, has the defendant satisfied the second prong of plain-error review by showing a clear or obvious error?

Question Presented (AI Summary)

Where a criminal defendant shows that the district court made a clear legal error when applying the U.S. Sentencing Guidelines, but the government responds with an alternative, debatable route through which the district court might have reached the same advisory guideline range, has the defendant satisfied the second prong of plain-error review by showing a clear or obvious error?

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-24
Waiver of right of respondent United States of America to respond filed.
2019-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)

Attorneys

Pedro Martinez-Negrete
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent