No. 25-6141

Mark Abercrombie v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-split criminal-procedure harmless-error judicial-discretion sentencing-guidelines
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's routine and boilerplate assertion that the Guidelines would make no difference to the choice of sentence—a question that has divided the Circuits?

Question Presented (OCR Extract)

Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court ’s routine and boilerplate assertion that the Guidelines would make no difference to the choice of sentence—a question that has divided the Circuits ?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Waiver of United States of right to respond submitted.
2025-12-03
Waiver of right of respondent United States to respond filed.
2025-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2025)

Attorneys

Mark Abercrombie
Dustin TalbotFederal Public Defender, Petitioner
Dustin TalbotFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent