No. 18-6404

Tomas Ramirez-Cruz v. United States

Lower Court: Ninth Circuit
Docketed: 2018-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-split criminal-sentencing due-process judicial-review non-frivolous-arguments procedural-due-process procedural-reasonableness reasonableness rita-v-united-states sentencing-policy sentencing-procedure sentencing-reasonableness
Latest Conference: 2018-11-30
Question Presented (from Petition)

In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to a defendant's non-frivolous arguments. Petitioner raised a number of non-frivolous arguments which the sentencing judge failed to address. Should this Court should resolve the conflict among the circuits as to whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge considered the defendant's non-frivolous arguments?

Question Presented (AI Summary)

Whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge considered the defendant's non-frivolous arguments

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondent United States to respond filed.
2018-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

Tomas Ramirez-Cruz
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent