No. 22-7519

Daniel A. Rodriguez v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-court-procedure civil-procedure due-process judicial-discretion judicial-recusal sentencing-review standing statutory-interpretation structural-error
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether it is a Structural Error for a District Judge to preside over proceedings that he has been directly recused from

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether it is a Structural Error for a District Judge to preside over proceedings that he has been directly recused from. II. When the Circuit Court is presented with review of a sentence that is unquestionably, statutory illegal, does it require an automatic remand without consideration of how a District Court will exercise its discretion on remand. TIt. Whether the Eleventh Circuit.’s ruling conflicts with the Court's decision in Garlotte v. Fordice, 515 U.S. 39 (1995). -~i

Docket Entries

2023-09-08
Rehearing DENIED.
2023-08-17
DISTRIBUTED.
2023-06-18
2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-16
Waiver of right of respondent United States to respond filed.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2023)
2023-04-11
Application (22A888) granted by Justice Thomas extending the time to file until July 19, 2023.
2023-03-24
Application (22A888) to extend the time to file a petition for a writ of certiorari from June 19, 2023 to July 19, 2023, submitted to Justice Thomas.

Attorneys

Daniel A. Rodriguez
Daniel A. Rodriguez — Petitioner
Daniel A. Rodriguez — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent