No. 20-6657

Ezer Rosembel Barrientos-Osorio v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutes plain error affecting substantial rig for a defendant likely to be deported criminal-procedure deportation plain-error sentencing-guidelines substantial-rights supervised-release
Key Terms:
Immigration
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without explanation, a term of supervised release on a defendant whose offense did not require such it and who will likely be deported after imprisonment, are the defendant's substantial rights affected for purposes of obtaining relief under Federal Rule of Criminal Procedure Rule 52(b)?

Question Presented (OCR Extract)

QUESTION PRESENTED I. Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without explanation, a term of supervised release on a defendant whose offense did not require such it and who will likely be deported after imprisonment, are the defendant’s substantial rights affected for purposes of obtaining relief under Federal Rule of Criminal Procedure Rule 52(b)? ii

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.
2020-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)

Attorneys

Ezer Rosembel Barrientos-Osorio
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent