No. 23-5345

Henry Robledo v. United States

Lower Court: Ninth Circuit
Docketed: 2023-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure federal-rules holguin-hernandez-v-united-states preservation-of-error procedural-reasonableness sentencing sentencing-preservation statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether an argument for a sentence based on specific statutory sentencing factors is sufficient to preserve a procedural reasonableness claim

Question Presented (OCR Extract)

QUESTION PRESENTED To determine whether a sentencing issue is preserved, “The question is simply whether the claimed error was ‘brought to the court’s attention.” HolguinHernandez v. United States, 140 8. Ct. 762, 767 (2020) (quoting Fed. R. Crim. Pro 52(b)). As a result, a defendant preserves a substantive reasonableness claim by advocating for a particular sentence. Id. at 766. This case presents the next logical question: Is an argument for a sentence based on specific statutory sentencing factors sufficient to preserve a procedural reasonableness claim? Because the divide among the circuit courts on this question has firmly remained after Holguin-Hernandez, this Court should grant certiorari and resolve the issue. prefix PARTIES,

Docket Entries

2023-10-02
Petition DENIED.
2023-08-24
DISTRIBUTED for Conference of 9/26/2023.
2023-08-17
Waiver of right of respondent United States to respond filed.
2023-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)

Attorneys

Henry Robledo
Jessica AgatsteinFederal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent