No. 23-5172

Jose Antonio Deleon-Juarez v. United States

Lower Court: Ninth Circuit
Docketed: 2023-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split plain-error plain-error-review plea-agreement prosecutor-breach prosecutorial-breach sentencing substantial-rights
Key Terms:
Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does a prosecutor's breach of a plea agreement affect a defendant's substantial rights under plain error review?

Question Presented (OCR Extract)

QUESTION PRESENTED Under plain error review, does a prosecutor’s breach of a plea agreement affect a defendant's substantial rights unless the record contains evidence that the judge would have imposed the same sentence absent the breach as the Fourth, Fifth, and Seventh Circuits have held? i

Docket Entries

2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-25
Waiver of right of respondent United States to respond filed.
2023-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

Jose Antonio Deleon-Juarez
Jami JohnsonFederal Defenders of San Diego, Inc., Petitioner
Jami JohnsonFederal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent