No. 19-5741

Jose Marin Saldana-Reyes v. United States

Lower Court: Ninth Circuit
Docketed: 2019-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard
Latest Conference: 2019-10-11
Question Presented (from Petition)

In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to a defendant's non-frivolous arguments. Petitioner raised a number of non-frivolous arguments which the sentencing judge failed to address. Should this Court should resolve the conflict among the circuits as to whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge considered the defendant's non-frivolous arguments?

Question Presented (AI Summary)

Whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge considered the defendant's non-frivolous arguments

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-17
Waiver of right of respondent United States of America to respond filed.
2019-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Jose Saldana-Reyes
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent