No. 23-6820

Marvin Carcamo v. United States

Lower Court: Ninth Circuit
Docketed: 2024-02-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure gang-membership harmless-error ninth-circuit procedural-error racketeering rico-conspiracy sentencing-guidelines
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Did the Ninth Circuit incorrectly affirm the district court's procedural error determining racketeering conduct was reasonably foreseeable under the U.S. Sentencing Guidelines to Mr. Carcamo based on his mere membership in a gang?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Did the Ninth Circuit incorrectly affirm the district court’s procedural error determining racketeering conduct was reasonably foreseeable under the U.S. Sentencing Guidelines to Mr. Carcamo based on his mere membership in a gang? 2. Whether the Ninth Circuit misapplied this Court’s precedent on reviewing sentences for procedural error when it found the district court’s erroneous Sentencing Guideline calculation was harmless because it would not have impacted the ultimate Guidelines range, instead of assessing whether it would have impacted the ultimate sentence imposed? i INTERESTED

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-27
Waiver of right of respondent United States to respond filed.
2024-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2024)

Attorneys

Marvin Carcamo
Hanni M. FakhouryMoeel Lah Fakhoury LLP, Petitioner
Hanni M. FakhouryMoeel Lah Fakhoury LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent