No. 22-6543

Miguel Angel Mota v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 structural-error
Latest Conference: 2023-02-17 (distributed 2 times)
Question Presented (from Petition)

Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Circuit's opinion in United States v. Osborne, 291 F.3d 908, 911 (6" Cir.2002), which held contrarily that the district court's violating that provision by not inquiring whether the defendant had reviewed the Presentence Report with counsel is a structural error, resulting categorically in a remand for resentencing?

Question Presented (AI Summary)

Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Circuit's opinion in United States v. Osborne, 291 F.3d 908, 911 (6th Cir.2002), which held contrarily that the district court's violating that provision by not inquiring whether the defendant had reviewed the Presentence Report with counsel is a structural error, resulting categorically in a remand for resentencing?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-19
Waiver of right of respondent United States to respond filed.
2023-01-17
Motion (22M61) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-12-28
MOTION (22M61) DISTRIBUTED for Conference of 1/13/2023.
2022-12-16
Motion (22M61) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2023)

Attorneys

Miguel Angel Mota
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent