No. 19-6079

Guillermo Vega-Botello v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-26
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure judicial-procedure limited-remand plain-error remand sentencing statutory-maximum substantial-rights
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand for the sole purpose of determining whether this error affected substantial rights, and, if not, whether it should affirm if the district court does not mention the statutory range in its sentencing commentary?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether a court of appeals that finds a plain error in the district court’s selection of a statutory maximum should ordinarily order a limited remand for the sole purpose of determining whether this error affected substantial rights, and, if not, whether it should affirm if the district court does not mention the statutory range in its sentencing commentary? ii PARTIES Guillermo Vega-Botello is the Petitioner, who was the defendant-appellant below. The United States of America is the Respondent, who was the plaintiff-appellee below. ili

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent United States of America to respond filed.
2019-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2019)

Attorneys

Guillermo Vega-Botello
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent