No. 24-6218

Anthony McCarary v. United States

Lower Court: Ninth Circuit
Docketed: 2024-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure federal-rules judicial-explanation preservation-of-error sentencing-reasonableness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it chooses a sentence higher than that requested?

Question Presented (OCR Extract)

To determine whether a sentencing issue is preserved, “The question is simply whether the claimed error was ‘brought to the court’s attention.” HolguinHernandez v. United States , 589 U.S. 169, 174 (2020) (quo ting Fed. R. Crim. Pro 52(b)). As a result, a defendant preserve s a substantive reasonableness claim by advocating for a particular sentence. Id. at 766. This case presents the next logical ques tion: Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it chooses a sentence higher than that requested? Because there is a divide among the circuit courts on this question even after Holguin-Hernandez , this Court should grant certiorari and resolve the issue. prefix

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2025-01-13
Waiver of United States of right to respond submitted.
2025-01-13
Waiver of right of respondent United States to respond filed.
2024-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2025)

Attorneys

Anthony McCarary
Zandra LopezFederal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent