No. 19-5613

Luis Samayoa-Castillo v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-08-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure district-court-discretion federal-sentencing-guidelines gall-v-united-states harmless-error molina-martinez-v-united-states rosales-mireles-v-united-states sentencing sentencing-error
Latest Conference: 2019-10-01
Question Presented (from Petition)

When the district court expressly relies upon a clearly erroneous fact in selecting its sentence, is the error harmless if there are other factors in the record that would support the overall sentence? Did the Eleventh Circuit misapply harmless error review under Fed. R. Crim. P. 52(a) in a manner that is contrary this Court's precedent announced in Gall v. United States, 552 U.S. 38 (2007), Williams v. United States, 503 U.S. 193, 203 (1992), Molina Martinez v. United States, 136 S. Ct. 1338 (2016), and Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018)?

Question Presented (AI Summary)

Whether the district court's reliance on a clearly erroneous fact in selecting the defendant's sentence was harmless error

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Waiver of right of respondent United States to respond filed.
2019-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Luis Samayoa-Castillo
Mackenzie S LundFederal Defenders fo Middle District of Alabama, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent