No. 21-6123

Antonio Rene Martinez v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 sentencing structural-error
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-03
Waiver of right of respondent United States to respond filed.
2021-11-01
Motion (21M35) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-10-06
MOTION (21M35) DISTRIBUTED for Conference of 10/29/2021.
2021-09-24
Motion (21M35) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2021)

Attorneys

Antonio Rene Martinez
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent