No. 24-6572

Victor Rivera v. United States

Lower Court: Second Circuit
Docketed: 2025-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review breach-of-agreement plain-error plea-agreement second-circuit sentencing
Key Terms:
DueProcess
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Did the Second Circuit err by requiring Petitioner to object with specificity at sentencing and identify a particular provision of the plea agreement that had been breached by the government to preserve his claim for appellate review, and did the Second Circuit err in applying plain error review by considering only whether the government's breach was obvious at the time of sentencing?

Question Presented (OCR Extract)

1. Did the Second Circuit err by requiring Petitioner to object with specificity at sentencing and identify a particular provision of the plea agreement that had been breached by the government to preserve his claim for appellate review, in conflict with this Court’s precedent in Holguin -Hernandez v. United States , 589 U.S. 169 (2020)? 2. In applying plain error review, did the Second Circuit err by considering only whether the government’s breach was obvious at the time of sentencing as opposed to the time of appellate consideration , in conflict with this Court ’s precedent in Henderson v. United States , 568 U.S. 266 (2013)? ii LIST OF PROCEEDINGS This case arises from the following proceedings: United States v. Rivera , No. 22 -2081 (2d Cir. Aug. 21, 2024) (affirming the judgment) United States v. Rivera , 1:20 Cr. 600 (AKH) (S.D.N.Y. Sept. 13, 2022 ) (sentencing and judgment) United States v. Michols Pena , 1:20 Cr. 600 (ER) (S.D.N.Y.) (pending) United States v. Johan Araujo , 1:20 Cr. 600 (AKH) (S.D.N.Y. July 6, 2023 ) (judgment)

Docket Entries

2025-03-24
Petition DENIED.
2025-02-27
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Waiver of United States of right to respond submitted.
2025-02-25
Waiver of right of respondent United States to respond filed.
2025-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2025)

Attorneys

United States
Sarah M. HarrisActing Solicitor General, Respondent
Victor Rivera
Anna Margaret SkotkoAnna M. Skotko, Esq., Petitioner