Question Presented (from Petition)
Whether the Fifth Circuit properly applied the plain error standard of review in determining that petitioner failed to establish plain error regarding his entitlement to a minor or mitigating role adjustment under the United States Sentencing Guidelines, where petitioner did not raise this argument at sentencing and the Fifth Circuit's application of plain error review conflicts with this Court's precedent in Davis v. United States, 140 S. Ct. 1060 (2020).
Question Presented (AI Summary)
Whether the Fifth Circuit erred in refusing to review an unpreserved factual argument for plain error
Docket Entries
2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)
Attorneys
Jose Bazan
James Scott Sullivan — Law Offices of J. Scott Sullivan, Petitioner
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent