No. 22-7272

Christopher Ernest Martinez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-05-11
Question Presented (from Petition)

Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) "plain," regardless of whether the precedent has established the quantum of evidence the Government was required to prove?

Question Presented (AI Summary)

Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)

Attorneys

Christopher Ernest Martinez
Kristin L. DavidsonFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent