No. 20-6702

Tomas Moreno-Turrubiates v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-3553 appellate-review mitigation-arguments plain-error-review procedural-reasonableness procedural-unreasonableness sentence-explanation sentencing sentencing-guidelines substantial-rights
Key Terms:
Immigration
Latest Conference: 2021-02-19
Question Presented (AI Summary)

whether-district-court-must-address-mitigation-arguments

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether, when a defendant presents nonfrivolous mitigation arguments in favor of a lower sentence, a district court must address those arguments as part of its required sentence explanation under 18 U.S.C. § 3553(c). 2. Whether a claim of procedural unreasonableness for inadequate explanation is preserved for appellate review without a specific objection, as the Fourth, Seventh, and Eleventh Circuits have held, or whether a specific objection is required to avoid plain-error review on appeal, as other circuits have held. 3. Whether a plainly inadequate explanation for a sentence within the imprisonment range calculated under the United States Sentencing Guidelines affects a defendant’s substantial rights in the ordinary case. i

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-08
Waiver of right of respondent United States to respond filed.
2020-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2021)

Attorneys

Tomas Moreno-Turrubiates
Kathryn ShephardFederal Public Defender, Petitioner
Kathryn ShephardFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent