No. 22-5540

David Villegas Pereznegron v. United States

Lower Court: Fifth Circuit
Docketed: 2022-09-09
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-proceedings plain-error-review right-to-allocution sentencing sentencing-allocution substantial-rights
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

Whether the plain and prejudicial denial of the right to allocution is an error that ordinarily warrants correction under the fourth prong of plain-error review, irrespective of the defendant's ability to proffer a persuasive, hypothetical allocution statement on appeal.

Question Presented (AI Summary)

Whether the plain and prejudicial denial of the right to allocution is an error that ordinarily warrants correction under the fourth prong of plain-error review, irrespective of the defendant's ability to proffer a persuasive, hypothetical allocution statement on appeal

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-21
Reply of petitioner David Villegas Pereznegron filed. (Distributed)
2022-12-08
Brief of respondent United States in opposition filed.
2022-11-22
Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2022.
2022-11-21
Motion to extend the time to file a response from December 2, 2022 to December 8, 2022, submitted to The Clerk.
2022-11-03
Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2022.
2022-11-01
Motion to extend the time to file a response from November 2, 2022 to December 2, 2022, submitted to The Clerk.
2022-10-03
Response Requested. (Due November 2, 2022)
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-15
Waiver of right of respondent United States to respond filed.
2022-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2022)

Attorneys

David Villegas Pereznegron
Evan Gray HowzeFederal Public Defender Southern District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent