No. 25-5631

Brian Goorahoo v. United States

Lower Court: Second Circuit
Docketed: 2025-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-appeal federal-sentencing preservation-of-error procedural-error sentencing-procedure
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether a federal criminal defendant must object post-sentence to preserve a claim of sentencing procedural error

Question Presented (OCR Extract)

The federal courts of appeals are divided 10-to-2 over what a federal criminal defendant must do to preserve a claim that the sentencing court committed procedural error, the question left open in Holguin-Hernandez v. United States, 589 U.S. 169, 175 (2020). Specifically, the question presented is: Whether, to preserve for appeal a claim that the sentencing court committed procedural error by failing to explain its sentence adequately or relying on an improper factor, it is sufficient that the defendant argued for a sentence lower than the one imposed, without the need for post-sentence objections, as the Fourth and Seventh Circuits hold, or whether the defendant must object again after sentence is pronounced, as the Second Circuit and nine other circuits hold. i

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-25
Waiver of United States of right to respond submitted.
2025-09-25
Waiver of right of respondent United States to respond filed.
2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2025)

Attorneys

Brian Goorahoo
Edward Scott ZasFederal Defenders of New York, Inc., Petitioner
Edward Scott ZasFederal Defenders of New York, Inc., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent