No. 22-6246

Antonio Osorio-Mendez v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The United States Sentencing Commission recommends imposing a long list of “standard” conditions of supervised release. Standard Condition 12 reads: If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. U.S.S.G. § 5D1.3(c)(12), p.s. The question presented is: Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer? ii No. In the Supreme Court of the United States ANTONIO OSORIO-MENDEZ, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Antonio Osorio-Mendez asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on September 6, 2022.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-09
Waiver of right of respondent United States to respond filed.
2022-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2023)

Attorneys

Antonio Osorio-Mendez
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent