No. 21-6542

Juan Trujillo v. United States

Lower Court: Fifth Circuit
Docketed: 2021-12-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights
Key Terms:
Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether a limited remand to assess the impact of a plain error on a defendant's substantial rights extends to miscalculations of the statutory maximum

Question Presented (OCR Extract)

QUESTION PRESENTED This Court in Molina-Martinez v. United States advised that courts of appeals may order a limited remand to assess the impact of clear error on the defendant’s substantial rights. The question here is whether this statement is limited to errors affecting the Federal Sentencing Guidelines, or whether it extends to miscalculations of the statutory maximum. i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent United States of America to respond filed.
2021-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2022)

Attorneys

Juan Trujillo
Kevin Joel Page — Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent