No. 21-8033

Jesus Francisco Fernandez v. United States

Lower Court: Tenth Circuit
Docketed: 2022-06-02
Status: Denied
Type: IFP
IFP
Tags: appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure fourth-amendment good-cause plain-error plain-error-review pretrial-motions
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-10-07
Question Presented (AI Summary)

When a defendant raises a derivative theory on appeal that was not raised in a timely suppression motion in district court

Question Presented (OCR Extract)

Question Presented Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial motions are “untimely” if not raised by the deadline set by the district court, but a “court may consider the defense, objection, or request if the party shows good cause.” When, on appeal, a defendant emphasizes certain undisputed facts to support a derivative theory of one raised in a suppression motion filed in district court, is plain error review available as the Fourth, Fifth, Sixth, and Eleventh Circuits have held, or does ‘good cause’ replace plain error in Federal Rule of Criminal Procedure 52(b) as in the First, Second, Seventh, Eighth, Ninth and Tenth Circuits? i

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-19
Reply of petitioner Jesus Francisco Fernandez filed. (Distributed)
2022-09-06
Brief of respondent United States in opposition filed.
2022-08-01
Motion to extend the time to file a response is granted and the time is further extended to and including September 6, 2022.
2022-07-28
Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk.
2022-06-29
Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2022.
2022-06-27
Motion to extend the time to file a response from July 5, 2022 to August 4, 2022, submitted to The Clerk.
2022-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)
2022-04-25
Application (21A639) granted by Justice Gorsuch extending the time to file until June 3, 2022.
2022-04-18
Application (21A639) to extend the time to file a petition for a writ of certiorari from May 4, 2022 to July 3, 2022, submitted to Justice Gorsuch.

Attorneys

Jesus Francisco Fernandez
Esperanza Senaida LujanOffice of the Federal Public Defender, Petitioner
Esperanza Senaida LujanOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent