Roberto Buendia v. United States
AdministrativeLaw SocialSecurity Securities Immigration
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 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.