No. 20-7076

Michael Javier Ottogalli v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process enhanced-sentence factual-contestation government-sentencing-memorandum ineffective-assistance ineffective-assistance-of-counsel presentence-report sentencing sentencing-enhancement
Key Terms:
DueProcess
Latest Conference: 2021-03-19
Question Presented (from Petition)

Is d ueprocess Violat&J dut ~h> i'neffe:f iVe assistance
of Counsel when defendant aWofney did oof qivc
defendant opportunity to review Peesenfence l?ep0ft-
and <^wec<\/vtents sentencing /v\e^ofaAduM which Contained
CoA-tesW factual into Wati'o^ and led ty an overly
enhanced sen-fence?

Is due |KoceS5 Vio la-fed when a Sentence is enhance/,
based on ecconeous factual conclusions of which
defendant Cea 'c\/ed inadequate advance notice ?

Question Presented (AI Summary)

Is due process violated when a defendant receives an enhanced sentence based on erroneous factual conclusions without adequate advance notice?

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2020-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2021)

Attorneys

Michael Ottogalli
Michael Ottogalli — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent