No. 24-5714

Gerardo Farias-Contreras v. United States

Lower Court: Ninth Circuit
Docketed: 2024-10-07
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (4)IFP Experienced Counsel
Tags: circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2025-02-28 (distributed 4 times)
Question Presented (AI Summary)

Does plain-error review of a government's plea agreement breach focus on the scope of commitments to determine if the breach constitutes a 'plain' error under Federal Rule of Criminal Procedure 52(b)?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The Court in Puckett v. United States, 556 U.S. 129, 137 (2009), recognizes that “plea bargains are essentially contracts:” 1. Does “plain-error review” of a defendant’s claim that the government breached a plea agreement focus on the “scope of the Government’s commitments” to determine whether those commitments are “clear or obvious” in establishing that an error resulting from the government’s breach of the agreement is “plain” under Fed. R. Crim. P. 52(b), as contemplated in Puckett, 556 US. at 143? i

Docket Entries

2025-03-03
Petition DENIED.
2025-02-14
Reply of petitioner Gerardo Farias-Contreras filed. (Distributed)
2025-02-14
Reply of Gerardo Farias-Contreras submitted.
2025-02-13
DISTRIBUTED for Conference of 2/28/2025.
2025-01-27
Brief of respondent United States in opposition filed.
2025-01-27
Brief of United States in opposition submitted.
2024-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including January 27, 2025.
2024-12-12
Motion to extend the time to file a response from December 27, 2024 to January 27, 2025, submitted to The Clerk.
2024-12-12
Motion of United States for an extension of time submitted.
2024-11-22
Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2024.
2024-11-21
Motion to extend the time to file a response from November 27, 2024 to December 27, 2024, submitted to The Clerk.
2024-10-28
Response Requested. (Due November 27, 2024)
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Waiver of right of respondent United States to respond filed.
2024-10-10
Supplemental brief of petitioner Gerardo Farias-Contreras filed.
2024-10-10
Supplemental Brief of Gerardo Farias-Contreras submitted.
2024-10-07
Motion (24M23) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-09-11
MOTION (24M23) DISTRIBUTED for Conference of 9/30/2024.
2024-09-11
MOTION (23M23) DISTRIBUTED for Conference of 9/30/2024.
2024-08-27
Motion (24M23) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2024)

Attorneys

Gerardo Farias-Contreras
Stephen R. HormelHormel Law Office, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent