No. 19-8056

Brian Alan Matalka v. United States

Lower Court: Fifth Circuit
Docketed: 2020-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administration-of-justice criminal-procedure federal-criminal-procedure federal-statutes fifth-circuit-review indigency indigent-status plain-error plain-error-review special-assessment standard-of-review
Key Terms:
HabeasCorpus Securities Privacy
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Did the Fifth Circuit's cursory review of the district court record reached the wrong conclusion that Matalka was not indigent under the standard proscribed by federal law

Question Presented (OCR Extract)

question presented is as follows: Did the Fifth Circuit’s cursory review of the district court record reached the wrong conclusion that Matalka was not indigent under the standard proscribed by federal law in in Puckett v. United States, 556 U.S. 129, 135, 129 S. Ct. 1423, 173 L. Ed. 2d 266 (2009) and United States v. Olano, 507 U.S. 725, 113 S. Ct. 1770, 123 L. Ed. 2d 508 (1993)). Because the application of the plain standard of review is of exceptional importance to the administration of justice in federal criminal cases, this Court should grant certiorari in this case to decide this question and, and upon review, should reverse the judgment of the Fifth Circuit. i a

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-26
Waiver of right of respondent United States to respond filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)

Attorneys

Brian Matalka
Yolanda Evette JarmonLaw Office of Yolanda Jarmon, Petitioner
Yolanda Evette JarmonLaw Office of Yolanda Jarmon, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent