No. 19-6825

Jorge Guerrero v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-04
Status: Denied
Type: IFP
IFP
Tags: appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause plain-error pretrial-motions rule-12 rule-52 suppression-motion
Key Terms:
CriminalProcedure HabeasCorpus
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether Rule 12's good-cause standard displaces the plain-error standard in Federal Rule of Criminal Procedure 52(b)

Question Presented (OCR Extract)

Question Presented ; Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial : motions are “untimely” if not raised by the deadline set by the district court, but “a court may consider the defense, objection, or request if the party shows good cause.” When a defendant raises a new theory on appeal in support of a suppression motion filed in district court, is the argument reviewable for plain error, as the : Fourth, Fifth, Sixth, and Eleventh Circuits have held, 4 or does Rule 12’s good-cause standard displace the : plain-error standard in Federal Rule of Criminal Procedure 52(b), as the First, Second, Third, Seventh, q Eighth, Ninth, and Tenth Circuits have held? i | Statement of

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-18
Reply of petitioner Jorge Guerrero filed.
2020-02-03
Brief of respondent United States of America in opposition filed.
2019-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-26
Motion to extend the time to file a response from January 3, 2020 to February 3, 2020, submitted to The Clerk.
2019-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2020)
2019-09-13
Application (19A293) granted by Justice Kagan extending the time to file until November 28, 2019.
2019-09-05
Application (19A293) to extend the time to file a petition for a writ of certiorari from September 29, 2019 to November 28, 2019, submitted to Justice Kagan.

Attorneys

Jorge Guerrero
Gia KimFederal Public Defenders, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent