No. 18-8814

Michael Perales v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal criminal-procedure district-court due-process objection preservation-of-error sentencing substantial-arguments
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Whether parties to a criminal action must lodge a separate objection to the failure of a district court to address substantial arguments for a different sentence, or whether the request for a different sentence, together with the grounds proffered therefor, preserves error?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether parties to a criminal action must lodge a separate objection to the failure of a district court to address substantial arguments for a different sentence, or whether the request for a different sentence, together with the grounds proffered therefor, preserves error? Il. Whether 18 U.S.C. §2113(a) is divisible for purposes of categorical analysis? Subsidiary question: whether this Petition should be held in light of United States v. Davis, _U.S.__, 139 S.Ct. 782 (Certiorari Granted January 4, 2019)(18-431). il PARTIES Michael Perales is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiffappellee below. iii

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 to respond filed.
2019-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)

Attorneys

Michael Perales
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent