No. 20-6656

Jose Armando Bazan v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure davis-v-united-states fifth-circuit plain-error role-adjustment sentencing
Latest Conference: 2021-01-22
Question Presented (from Petition)

Whether the Fifth Circuit properly applied the plain error standard of review in determining that petitioner failed to establish plain error regarding his entitlement to a minor or mitigating role adjustment under the United States Sentencing Guidelines, where petitioner did not raise this argument at sentencing and the Fifth Circuit's application of plain error review conflicts with this Court's precedent in Davis v. United States, 140 S. Ct. 1060 (2020).

Question Presented (AI Summary)

Whether the Fifth Circuit erred in refusing to review an unpreserved factual argument for plain error

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)

Attorneys

Jose Bazan
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent