No. 18-9026
Arrez Meliton-Salto v. United States
Response WaivedIFP
Tags: appellate-review criminal-procedure district-court guidelines-range molina-martinez-v-united-states plain-error prejudice record-silence sentencing sentencing-guidelines
Latest Conference:
2019-05-23
Question Presented (from Petition)
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).
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
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 Marks — Federal Defenders of San Diego, Inc., Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent