No. 22-7519
Daniel A. Rodriguez v. United States
Response WaivedIFP
Tags: appellate-review circuit-court-procedure civil-procedure due-process judicial-discretion judicial-recusal sentencing-review standing statutory-interpretation structural-error
Latest Conference:
2023-06-08
Question Presented (from Petition)
I. Whether it is a Structural Error for a District Judge to preside over proceedings that he has been directly recused from.
II. When the Circuit Court is presented with review of a sentence that is unquestionably, statutory illegal, does it require an automatic remand without consideration of how a District Court will exercise its discretion on remand.
Whether the Eleventh Circuit's ruling conflicts with the Court's decision in Garlotte v. Fordice, 535 U.S. 39 (3995).
Question Presented (AI Summary)
Whether it is a Structural Error for a District Judge to preside over proceedings that he has been directly recused from
Docket Entries
2023-09-08
Rehearing DENIED.
2023-08-17
DISTRIBUTED.
2023-06-18
Petition for Rehearing filed.
2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-16
Waiver of right of respondent United States to respond filed.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2023)
2023-04-11
Application (22A888) granted by Justice Thomas extending the time to file until July 19, 2023.
2023-03-24
Application (22A888) to extend the time to file a petition for a writ of certiorari from June 19, 2023 to July 19, 2023, submitted to Justice Thomas.
Attorneys
Daniel A. Rodriguez
Daniel A. Rodriguez — Petitioner
United States
Elizabeth B. Prelogar — Respondent