No. 20-7197

Roberto Elias Martinez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure district-court due-process maximum-term plain-error plea-bargaining plea-colloquy sentencing statutory-maximum
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether plain error resulted from the district court erroneously advising the client during plea colloquy

Question Presented (from Petition)

QUESTIONS PRESENTED L Whether plain error resulted from the district court erroneously advising the client during plea colloquy that the maximum term of imprisonment was 10 years when, in fact, the statutory maximum term of imprisonment was 20 years and the court imposed a 20-year sentence? ii

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-25
Waiver of right of respondent United States to respond filed.
2021-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2021)

Attorneys

Roberto Elias Martinez
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent