No. 18-9026

Arrez Meliton-Salto v. United States

Lower Court: Ninth Circuit
Docketed: 2019-04-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure district-court guidelines-range molina-martinez-v-united-states plain-error prejudice record-silence sentencing sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether the defendant may rely on the district court's error alone to show prejudice under plain error review when the record is silent as to what the district court might have done had it considered the correct Guidelines range

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW When the district court fails to calculate the guideline range at sentencing, whether the defendant may rely on the district court’s error alone to show prejudice under plain error review when the “record is silent as to what the district court might have done had it considered the correct Guidelines range,” Molina-Martinez v. United States, 136 S. Ct. 1338, 1347 (2016). prefix

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Waiver of right of respondent United States to respond filed.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2019)

Attorneys

Arrez Meliton-Salto
Michael MarksFederal Defenders of San Diego, Inc., Petitioner
Michael MarksFederal Defenders of San Diego, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent