No. 21-8256

Ortaz Sharp v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-procedure due-process government-abandonment government-appeal judicial-discretion party-presentation sentencing sentencing-hearing sineneng-smith statutory-interpretation
Key Terms:
CriminalProcedure
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a court of appeals violates the party-presentation principle

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a court of appeals violates the principle of party presentation announced in United States v. SinenengSmith, 140 S. Ct. 1575 (2020), by permitting the government to raise an issue on appeal which it abandoned at the sentencing hearing?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-13
Waiver of right of respondent United States to respond filed.
2022-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2022)
2022-05-02
Application (21A663) granted by Justice Thomas extending the time to file until June 22, 2022.
2022-04-25
Application (21A663) to extend the time to file a petition for a writ of certiorari from May 23, 2022 to July 22, 2022, submitted to Justice Thomas.

Attorneys

Ortaz Sharp
Stephen P. JohnsonFederal Defender Program, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent