No. 20-6854
Jose Armando Bazan v. United States
Tags: appellate-review criminal-sentencing fact-question plain-error-review role-adjustment sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2021-02-19
Question Presented (from Petition)
Whether the Fifth Circuit properly applied plain error review in rejecting Petitioner's argument that he should have received a minor or mitigating role downward adjustment under the United States Sentencing Guidelines, in light of this Court's holding in Davis v. United States, 140 S. Ct. 1060 (2020), that there is no legal basis for declining to review unpreserved factual arguments for plain error.
Question Presented (AI Summary)
Whether the Fifth Circuit erred in holding that a defendant's claim for a minor or mitigating role downward adjustment under the Sentencing Guidelines is not reviewable on plain error review
Docket Entries
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent United States to respond filed.
2021-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)
Attorneys
Jose Bazan
James Scott Sullivan — Law Offices of J. Scott Sullivan, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent