Antonio Rene Martinez v. United States
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Circuit's opinion in United States v. Osborne, 291 F.3d 908, 911 (6" Cir.2002), which held contrarily that the district court's violating that provision by not inquiring whether the defendant had reviewed the Presentence Report with counsel is a structural error, resulting categorically in a remand for resentencing?
Whether the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflicts with the Sixth Circuit's opinion in United States v. Osborne, 291 F.3d 908, 911 (6th Cir.2002), which held that the district court's violating that provision by not inquiring whether the defendant had reviewed the Presentence Report with counsel is a structural error, resulting categorically in a remand for resentencing