No. 20-5711

David Smith-Garcia, fka David Garwood Atwood, II v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation proceeding when only one term of supervised release was ordered at the previous first revocation proceeding

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation proceeding when only one term of supervised release was ordered at the previous first revocation proceeding. 2. Whether the Fifth Circuit Court of Appeals erred in its application of plain error review. i

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-21
Waiver of right of respondent United States to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2020)

Attorneys

David Smith-Garcia
David Wayne MilnerWayne Milner, Attorney at Law, Petitioner
David Wayne MilnerWayne Milner, Attorney at Law, Petitioner
USA
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent