No. 23-7565

Juan Aguiera-Guzman v. United States

Lower Court: Ninth Circuit
Docketed: 2024-05-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure due-process federal-sentencing judicial-reasoning mitigation-arguments plain-error sentencing sentencing-discretion silent-record
Latest Conference: 2024-09-30
Question Presented (from Petition)

Does the holding in Molina -Martinez apply to non -Guidelines calculation sentencing errors, such as the clear Rule 32 violation here? If not, how does an appellant satisfy the third prong of the plain -error standard , where the nature of the plain error results in a silent record on what the court would have done absent that error ?

Is a district court required to address or respond to a defendant's nonfrivolous mitigation and sentencing arguments in support of a particular sentence, or can the court ignore or silently consider them without explanation?

Question Presented (AI Summary)

Whether the holding in Molina-Martinez applies to sentencing-errors, such as the clear Rule 32 violation here

Docket Entries

2024-10-07
Petition DENIED.
2024-06-13
DISTRIBUTED for Conference of 9/30/2024.
2024-06-10
Waiver of right of respondent United States to respond filed.
2024-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2024)

Attorneys

Juan Aguiera-Guzman
Michael GomezFederal Public Defender - Central District of CA, Petitioner
United States
Elizabeth B. Prelogar — Respondent