No. 24-6052

Terius Thomas, aka Terius Brown, aka Terry Brown v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-12-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-conflict judicial-review plain-error prejudice-standard sentencing-guidelines substantial-rights
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether the Eleventh Circuit has created a new exception to Molina-Martinez's plain error prejudice standard which conflicts with the general rule that Molina-Martinez establishes

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Molina-Martinez v. United States, 578 U.S. 189 (2016), this Court held that for purposes of plain error review, a “court’s reliance on an incorrect [sentencing] range in most instances will suffice to show an effect on the defendant’s substantial rights,” and that “[a]bsent unusual circumstances, [the defendant] will not be required to show more” to obtain relief for a plain guideline error. Molina-Martinez, 578 U.S. at 201. The question presented for review is: Whether the Eleventh Circuit has created a new exception to Molina-Martinez’s plain error prejudice standard which conflicts with the general rule that MolinaMartinez establishes. ‘ INTERESTED PARTIES There are no

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
Waiver of right of respondent United States to respond filed.
2024-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2025)
2024-10-17
Application (24A363) granted by Justice Thomas extending the time to file until November 26, 2024.
2024-10-15
Application (24A363) to extend the time to file a petition for a writ of certiorari from October 27, 2024 to November 26, 2024, submitted to Justice Thomas.

Attorneys

Terius Thomas
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent