No. 19-5447

Erbey Botello, aka Erbey Botello-Alanis, aka Javier Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split constitutional-rights due-process federal-sentencing judicial-discretion plea-hearing plea-revocation reasonableness-of-sentence revocation-hearing sentencing sentencing-review supervisory-powers
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the constitutional right to due process on a plea at a revocation hearing is recognized

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Fifth Circuit-which refused to unequivocally recognize the constitutional right to due process on a plea at a revocation hearing-conflicts with the decision of other Circuits such that a compelling reason is presented in support of discretionary review by this Honorable Court. Furthermore, whether the decision of the United States Court of Appeals for the Fifth Circuit on the reasonableness of the federal sentence imposed in this case conflicts with the decisions of this Court on an important matter and the decision calls for an exercise of this Court’s supervisory powers. -i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-09
Waiver of right of respondent United States of America to respond filed.
2019-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2019)

Attorneys

Erbey Botello
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent