No. 20-7076

Michael Javier Ottogalli v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process enhanced-sentence factual-contestation government-sentencing-memorandum ineffective-assistance ineffective-assistance-of-counsel presentence-report sentencing sentencing-enhancement
Key Terms:
Environmental Arbitration SocialSecurity Securities Immigration
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Is due process violated when a defendant receives an enhanced sentence based on erroneous factual conclusions without adequate advance notice?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Ts due plocess violated due t ineffective assistance of counsel. when defendant's attorney did aot give defendant oppoctunity to ceview Presentence Report | and opvernments sentencina, memotandum which contained Contested factual information and led to an overly enhanced sentence * | | Is due Process Violated when a sentence is enhancel, | based on ecConeous factual conclusions of which : defendant (ecieved inadequate advance notice ?

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2020-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2021)

Attorneys

Michael Ottogalli
Michael Ottogalli — Petitioner
Michael Ottogalli — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent