No. 25-6699

Martin Gutierrez-Barba v. United States

Lower Court: Ninth Circuit
Docketed: 2026-02-03
Status: Pending
Type: IFP
Response WaivedIFP
Tags: 3553(a)-factors appellate-review criminal-procedure judicial-discretion procedural-error sentencing
Latest Conference: 2026-02-27
Question Presented (AI Summary)

Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient to preserve a claim of procedural error?

Question Presented (OCR Extract)

Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient to preserve a claim of procedural error? ii PARTIES,

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-09
Waiver of United States of right to respond submitted.
2026-02-09
Waiver of right of respondent United States to respond filed.
2026-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)
2025-11-06
Application (25A526) granted by Justice Kagan extending the time to file until February 1, 2026.
2025-11-04
Application (25A526) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to February 1, 2026, submitted to Justice Kagan.

Attorneys

Martin Gutierrez-Barba
Jami JohnsonFederal Public Defenders Office, Petitioner
Jami JohnsonFederal Public Defenders Office, Petitioner
Jami JohnsonFederal Public Defenders Office, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent