No. 24-5327

Daniel Lopez, III v. United States

Lower Court: Ninth Circuit
Docketed: 2024-08-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure federal-rules revocation-hearing sentencing-procedure supervised-release
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether Rule 32.1 or Rule 32 governs the procedural timing of sentencing following supervised release revocation

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Federal Rule of Criminal Procedure 32.1(b) defines the procedure for supervised release revocation hearings. The Ninth Circuit has split from other circuits by concluding that Rule 32.1(b) also provides the procedure for sentencing following revocation. Compare United States v. Reyes-Solosa, 761 F.3d 972 (9th Cir. 2014) (“Rule 32.1 is not silent on the subject of timing [of revocation sentencing]”), with United States v. Waters, 158 F.3d 933, 943 (6th Cir. 1998) (Rule 32.1 is “silent with respect to the sentencing phase of [a] revocation hearing”). According to the Ninth Circuit, Rule 32.1(b)’s requirement that a revocation hearing take place within a reasonable time also extends to revocation sentencings. Other circuits, on the other hand, suggest that Rule 32(b)(1)’s requirement that any sentencing occur “without unnecessary delay” also applies to revocation sentencing hearings. The question presented by this appeal is whether, and to what extent, Rule 32.1 or Rule 32 governs revocation sentencing procedures. ii Statement of

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-04
Waiver of right of respondent United States of America to respond filed.
2024-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2024)

Attorneys

Daniel Lopez
Hunter S. HaneyOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent