No. 24-5285

Ernesto Alba Vasquez v. United States

Lower Court: Fifth Circuit
Docketed: 2024-08-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a factual basis lacking elements of the charged offense can be cured by a presentence report filed after a guilty plea acceptance

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a factual basis, that completely lacks facts supporting any of the three elements of the offense charged in the indictment, can be cured by facts in a presentence report filed almost two months after the district court accepts the defendant’s guilty plea. 1

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-12
Waiver of United States of right to respond submitted.
2024-08-12
Waiver of right of respondent United States to respond filed.
2024-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)

Attorneys

Ernesto Vasquez
Shane O'NealO'Neal Law, Petitioner
Shane O'NealO'Neal Law, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent