No. 22-7288

Gilberto Gonzalez-Enriquez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure due-process error-calculation harmless-error judicial-discretion sentencing sentencing-error sentencing-guidelines standard-of-review u.s-sentencing-guidelines
Latest Conference: 2023-05-11
Question Presented (from Petition)

Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by asserting that it would have imposed the same sentence "even if I had gotten the guideline range wrong."

Question Presented (AI Summary)

Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by asserting that it would have imposed the same sentence 'even if I had gotten the guideline range wrong'

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.
2023-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)

Attorneys

Gilberto Gonzalez-Enriquez
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent