No. 21-7723

Freddie Galan v. United States

Lower Court: Fifth Circuit
Docketed: 2022-04-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review
Latest Conference: 2022-05-26
Question Presented (from Petition)

Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea which violates the Due Process Clause.

Whether the district court's acceptance of Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is a fundamental constitutional or structural error that requires automatic reversal.

Whether the Fifth Circuit Court of Appeals erred in not vacating Mr. Galan's guilty plea on the basis that: (1) the district court erred in accepting a factual basis that does not establish that Mr. Galan committed a conspiracy offense as a matter of law in violation of Rule 11; (2) his guilty plea was not made on a voluntary or knowing basis; and (3) he received ineffective assistance of counsel.

Question Presented (AI Summary)

Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea which violates the Due Process Clause

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States to respond filed.
2022-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2022)

Attorneys

Freddie Galan
Derly J. UribeLaw Offices of Francisco J. Saldana, Jr., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent