No. 19-7817

Maria de Lourdes Acosta v. United States

Lower Court: Ninth Circuit
Docketed: 2020-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure district-court judicial-procedure plain-error pre-sentence-report prejudice procedural-error sentencing
Key Terms:
Environmental Securities Immigration
Latest Conference: 2020-03-27
Question Presented (AI Summary)

When the district court fails to either order a Pre-Sentence Report or make explicit on-the-record findings as to why a Pre-Sentence Report is unnecessary, whether the defendant may rely on the district court's error alone to show prejudice under plain error review when the record is silent as to what the district court might have done had a Pre-Sentence Report been prepared?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW When the district court fails to either order a Pre-Sentence Report or make explicit on-the-record findings as to why a Pre-Sentence Report is unnecessary, whether the defendant may rely on the district court’s error alone to show prejudice under plain error review when the record is silent as to what the district court might have done had a Pre-Sentence Report been prepared? prefix

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent United States to respond filed.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Maria De Lourdes Acosta
Kimberly Sue TrimbleFederal Defenders of San Diego, Inc., Petitioner
Kimberly Sue TrimbleFederal Defenders of San Diego, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent