No. 22-5137

Clifford Raymond Salas v. United States

Lower Court: Tenth Circuit
Docketed: 2022-07-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure district-court-discretion due-process factual-errors plain-error prosecutorial-argument sentencing sentencing-variance tenth-circuit-review
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the Tenth Circuit wrongly hold that the district court did not plainly err, where (a) the prosecutor argued that a factually untrue reason supported a variant sentence, and (b) the district court said it imposed that variant sentence in part for the reasons given by the government?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Tenth Circuit wrongly hold that the district court did not plainly err, where (a) the prosecutor argued that a factually untrue reason supported a variant sentence, and (b) the district court said it imposed that variant sentence in part for the reasons given by the government? i STATEMENT OF RELATED CASES United States v. Salas, No. 12-cr-03183-RB Amended judgment entered October 15, 2020 (on resentencing) United States v. Salas, No. 20-2158 (10th Cir.) Judgment entered March 15, 2022 United States v. Salas, No. 16-2170 (10th Cir.) Judgment entered May 4, 2018 (prior appeal) United States v. Salas, No. 18-428 (U.S.) Order entered June 28, 2019, denying petition for writ of certiorari ii

Docket Entries

2022-10-03
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Waiver of right of respondent United States to respond filed.
2022-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2022)
2022-06-10
Application (21A790) granted by Justice Gorsuch extending the time to file until July 13, 2022.
2022-06-02
Application (21A790) to extend the time to file a petition for a writ of certiorari from June 13, 2022 to July 13, 2022, submitted to Justice Gorsuch.

Attorneys

Clifford Salas
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent