No. 23-6002

Justin Del Rio v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure due-process fifth-circuit judicial-review plain-error statutory-interpretation
Latest Conference: 2024-01-05
Question Presented (from Petition)

This appeal concerns a challenge to the enforceability of a $5,000 fine under 18 U.S.C. § 3014. Petitioner, JUSTIN DEL RIO, submits the Fifth Circuit Court of Appeals' ("the Fifth Circuit" or "the Appellate Court") ruling which affirmed the District Court on the basis that Mr. Del Rio failed to present argument on the fourth prong of plain error–that is, that the error by the District Court "seriously affects the fairness, integrity or public reputation of judicial proceedings–violated the Due Process Clause because: (1) the Fifth Circuit did not consider all the briefing, (2) Government did not make this argument, and (3) Mr. Del Rio's argument in his briefing shows he did argue the fourth prong of plain error. Thus, the Fifth Circuit has decided an important federal question in a way that conflicts with relevant decisions of this Court and a compelling reason is presented for discretionary review. Mr. Del Rio therefore requests that this Court grant this Petition and allow this case to proceed for a determination of whether the Due Process Clause was violated.

Question Presented (AI Summary)

Whether the Fifth Circuit erred in affirming the District Court's imposition of a $5,000 fine under 18 U.S.C. § 3014 despite the petitioner's argument that the error seriously affected the fairness, integrity or public reputation of judicial proceedings

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-21
Waiver of right of respondent United States to respond filed.
2023-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2023)

Attorneys

Justin Del Rio
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent