No. 21-7645

Alimamy Barrie v. United States

Lower Court: Fourth Circuit
Docketed: 2022-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure federal-appeals federal-rules-of-criminal-procedure judicial-review plain-error procedural-default re-sentencing sentencing sentencing-guidelines successive-filing
Latest Conference: 2022-06-02
Question Presented (from Petition)

Should an Error be Corrected in a Motion under Federal Rules of Criminal Procedure Rule 52b, when the Conditions of US v. Olano are met, even if the Issue/Error is Construed as a successive filing of a Procedural default?

Did the Appellate Court Commit Plain Error when it failed to Remand For Resentencing when Several U.S.S.G Clarifying amendments applicable became effective during the Review Process and was overlooked?

Whether Failing to Remand a Case for Resentencing Pursuant to an applicable U.S.S.G Policy Statement for Subsequent amendments after Sentencing and during review Constitutes Plain Error?

Question Presented (AI Summary)

Whether an error should be corrected in a motion under Federal Rules of Criminal Procedure Rule 35(a) when the conditions of U.S. v. Olano are met, even if the issue/error is construed as a successive filing of a procedural default

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States to respond filed.
2022-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2022)

Attorneys

Alimamy Barrie
Alimamy Barrie — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent