No. 20-5489

Rodney Lavalais v. United States

Lower Court: Fifth Circuit
Docketed: 2020-08-25
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: 2k2.1(b)(4)(a) appellate-review due-process guilty-plea plain-error-review plea-voluntariness prejudice sentencing-guidelines stolen structural-error
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

When a defendant's plea was not knowingly and intelligently made, is automatic reversal required?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When it is undisputed that a defendant’s plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic reversal required? 2. Relatedly, what prejudice inquiry (if any) applies to appellate review of an unknowing and involuntary guilty plea? 3. What is the definition of “stolen” for purposes of U.S.8.G. § 2K2.1(b)(4)(A), which enhances a defendant’s base offense level if a possessed firearm “was stolen”? ii

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-10-26
Rescheduled.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-14
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2020-10-14
Reply of petitioner Rodney Lavalais filed. (Distributed)
2020-10-05
Brief of respondent United States filed.
2020-09-18
Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2020.
2020-09-16
Motion to extend the time to file a response from September 24, 2020 to October 26, 2020, submitted to The Clerk.
2020-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)

Attorneys

Rodney Lavalais
Celia RhoadsFederal Public Defender - EDLA, Petitioner
Celia RhoadsFederal Public Defender - EDLA, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent