No. 20-447

Francisco Rodriguez-Castro v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-08
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2255 career-offender criminal-sentencing miscarriage-of-justice petition-for-certiorari post-conviction-relief procedural-error section-2255 sentence-enhancement
Key Terms:
HabeasCorpus
Latest Conference: 2020-12-04
Question Presented (from Petition)

Whether the Fifth Circuit erred in holding that Rodriguez's erroneous sentence enhancement as a career offender, which increased his sentence from 135 months to 262 months, was not a miscarriage of justice entitling him to post-conviction relief, given that Rodriguez incorrectly filed a motion pursuant to 28 U.S.S. § 2255 instead of a petition for certiorari after having his request for counsel denied?

Question Presented (AI Summary)

Whether the Fifth Circuit erred in holding that Rodriguez's erroneous sentence enhancement as a career offender was not a miscarriage of justice entitling him to post-conviction relief

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Waiver of right of respondent United States to respond filed.
2020-10-01
Petition for a writ of certiorari filed. (Response due November 9, 2020)

Attorneys

Francisco Rodriguez
Hans Viktor OlavsonAttorney at Law, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent