No. 19-5125
Francisco Gallegos-Lopez v. United States
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2019-11-08
(distributed 2 times)
Question Presented (from Petition)
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to preserve procedural-error claims—as some circuits hold—or does it require separate exception—as other circuits require—or does it hinge on whether the judge invited further comment—as yet another circuit maintains?
Question Presented (AI Summary)
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to preserve procedural-error claims
Docket Entries
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-18
Reply of petitioner Francisco Gallegos-Lopez filed.
2019-10-07
Brief of respondent United States in opposition filed.
2019-08-28
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2019.
2019-08-27
Motion to extend the time to file a response from September 6, 2019 to October 7, 2019, submitted to The Clerk.
2019-08-07
Response Requested. (Due September 6, 2019)
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-22
Waiver of right of respondent United States to respond filed.
2019-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)
Attorneys
Francisco Gallegos-Lopez
James Fife — Federal Defenders of San Diego, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent