No. 23-6725

Deonte Marques Curry v. United States

Lower Court: Fourth Circuit
Docketed: 2024-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error
Key Terms:
DueProcess
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether due process is satisfied when the government relies solely on the district court's electronic case filing system to notify defendant's counsel of a restitution request

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In Dolan v. United States, 560 U.S. 605 (2010), the Court held that compliance with the statutory deadline for determining restitution was unnecessary, effectively allowing district courts to order restitution “at any time after sentencing[,]” 560 U.S. at 621 (Roberts, C.J., dissenting) (emphasis omitted). When restitution is ordered under Dolan, is due process satisfied when the government relies solely on the district court’s electronic case filing system to notify defendant’s counsel of a restitution request, even when circumstances suggest that counsel of record is not actively representing the defendant? 2. Under the Federal Rules of Criminal Procedure, may a court of appeals find a defendant forfeited claimed sentencing errors without first finding that the defendant had a meaningful opportunity to object to the error in the district court? i

Docket Entries

2024-03-18
Petition DENIED.
2024-02-22
DISTRIBUTED for Conference of 3/15/2024.
2024-02-15
Waiver of right of respondent United States to respond filed.
2024-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2024)
2023-12-22
Application (23A579) granted by The Chief Justice extending the time to file until February 7, 2024.
2023-12-20
Application (23A579) to extend the time to file a petition for a writ of certiorari from January 8, 2024 to February 7, 2024, submitted to The Chief Justice.

Attorneys

Deonte Curry
Melissa BaldwinFederal Public Defender, W.D. NC, Petitioner
Melissa BaldwinFederal Public Defender, W.D. NC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent