No. 23-5788

Roberto Buendia v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review davis fifth-circuit intra-circuit-conflict molina-martinez plain-error plain-error-review rosales-mireles sentencing-guidelines supreme-court-precedent
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether the standard the Fifth Circuit Court of Appeals applied for determining if the sentencing Guidelines' error in Buendia's case was 'plain' conflicts with the reasoning in this Court's decisions in Molina-Martinez v. United States, Rosales-Mireles v. United States, and Davis v. United States

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the standard the Fifth Circuit Court of Appeals applied for determining if the sentencing Guidelines’ error in Buendia’s case was “plain” conflicts with the reasoning in this Court’s decisions in Molina-Martinez v. United States, 578 U.S. 189 (2016), Rosales-Mireles v. United States, 585 U.S. __, 1388S. Ct. 1897 (2018), and Davis v. United States, 589 U.S. __, 140 S. Ct. 1060 (2020). And whether this Court should grant certiorari to clarify the standard for determining the second prong of plain-error review. No. In the Supreme Court of the United States October Term, 2023 ROBERTO BUENDIA, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Roberto Buendia 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.

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-19
Waiver of right of respondent United States to respond filed.
2023-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2023)

Attorneys

Roberto Buendia
Judy Fulmer MadewellFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent