No. 23-5172

Jose Antonio Deleon-Juarez v. United States

Lower Court: Ninth Circuit
Docketed: 2023-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split plain-error plain-error-review plea-agreement prosecutor-breach prosecutorial-breach sentencing substantial-rights
Latest Conference: 2023-09-26
Question Presented (from Petition)

Under plain error review, does a prosecutor's breach of a plea agreement affect a defendant's substantial rights unless the record contains evidence that the judge would have imposed the same sentence absent the breach as the Fourth, Fifth, and Seventh Circuits have held?

Question Presented (AI Summary)

Does a prosecutor's breach of a plea agreement affect a defendant's substantial rights under plain error review?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-25
Waiver of right of respondent United States to respond filed.
2023-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

Jose Antonio Deleon-Juarez
Jami JohnsonFederal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent