No. 23-6900

Bryan Reshad Hill v. United States

Lower Court: Fifth Circuit
Docketed: 2024-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure federal-rules fifth-circuit jury-verdict plain-error presentence-report rosales-mireles sentencing sentencing-guidelines
Latest Conference: 2024-03-28
Question Presented (from Petition)

Does a sentence twice that authorized by the jury's verdict constitute plain error? This Court's decision in Rosales-Mireles suggests so, but recent Fifth Circuit caselaw holds otherwise.

In a criminal case, must the Presentence Report required by Federal Rule of Procedure 32 contain an explanation of the basis of the defendant's sentencing guidelines calculation? Does the answer to that question change if the basis for the calculation is consistent with the trial record?

Question Presented (AI Summary)

Does a sentence twice that authorized by the jury's verdict constitute plain error?

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent United States to respond filed.
2024-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2024)

Attorneys

Bryan Reshad Hill
Leigh Warren DavisLeigh Warren Davis, Petitioner
United States
Elizabeth B. Prelogar — Respondent