No. 19-5125
Francisco Gallegos-Lopez v. United States
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2019-11-08
(distributed 2 times)
Question Presented (AI Summary)
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to preserve procedural-error claims
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to preserve procedural-error claims—as some circuits hold—or does it require separate exception—as other circuits require—or does it hinge on whether the judge invited further comment—as yet another circuit maintains? --prefix-
Docket Entries
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-18
Reply of petitioner Francisco Gallegos-Lopez filed.
2019-10-07
Brief of respondent United States in opposition filed.
2019-08-28
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2019.
2019-08-27
Motion to extend the time to file a response from September 6, 2019 to October 7, 2019, submitted to The Clerk.
2019-08-07
Response Requested. (Due September 6, 2019)
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-22
Waiver of right of respondent United States to respond filed.
2019-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)
Attorneys
Francisco Gallegos-Lopez
James Fife — Federal Defenders of San Diego, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent