No. 21-8125
Carlos Montano v. United States
Response WaivedRelisted (2)IFP
Tags: boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse
Latest Conference:
2022-09-28
(distributed 2 times)
Question Presented (from Petition)
Did the Ninth Circuit's overlooking Petitioner's due process claim
regarding his change-of-plea hearing conflict with Boykin and its progeny,
particularly considering that the district court record in its totality evidenced that
Petitioner had pre-arrest substance abuse issues about which the district court did
not inquire?
Question Presented (AI Summary)
did-the-ninth-circuit-overlook-boykin-and-its-progeny
Docket Entries
2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-23
Waiver of right of respondent United States to respond filed.
2022-06-13
Motion (21M126) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-05-24
MOTION (21M126) DISTRIBUTED for Conference of 6/9/2022.
2022-05-16
Motion (21M126) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2022)
Attorneys
Carlos Montano
David Andrew Schlesinger — Jacobs & Schlesinger LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent