No. 23-6062

Holli Womack v. United States

Lower Court: Sixth Circuit
Docketed: 2023-11-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-law criminal-procedure drug-offenses jury-instructions plain-error ruan-standard sixth-circuit standard-of-review supreme-court-precedent
Latest Conference: 2024-01-05
Question Presented (from Petition)

On October 17, 2022, this Court vacated Petitioner Womack's conviction in light of
Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) and remanded for
further proceedings. On remand, the Sixth Circuit agreed with the parties that
Ruan applies to 21 U.S.C. § 856(a)(1) prosecutions, and also agreed that the jury
instructions given were error in light of Ruan. However, parting ways with other
circuits handling of this issue, the Sixth Circuit determined that Womack could not
meet the plain error standard. Is the Sixth Circuit's draconian view of the plain
error standard contrary to this Court's precedents, including Henderson v. United
States? 568 U.S. 266, 133 S. Ct. 1121, 185 L. Ed. 2d 85 (2018).

Question Presented (AI Summary)

Is the Sixth Circuit's draconian view of the plain-error standard contrary to this Court's precedents, including Henderson-v-United-States?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2023)

Attorneys

Holli Womack
Kevin Michael SchadOffice of the Federal Public Defender , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent