No. 24-5030

Lani Lucas Limane, aka Lukasz Chad Limane v. United States

Lower Court: Fifth Circuit
Docketed: 2024-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11
Key Terms:
SocialSecurity FifthAmendment Takings DueProcess JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

Was it plain error for a District Court to convict Petitioner on his plea of guilty to a crime never charged in the governing Indictment?

When the substantive offense charged (i) is compound in nature and requires, as an essential element, proof of a qualifying predicate violation, and (ii) the indictment charges a specific felony as the qualifying predicate violation, is Rule 11 complied with when the plea colloquy informs Petitioner that he is pleading guilty to the substantive offense on the basis of a completely different predicate violation than the one identified in the Indictment?

Did the Fifth Circuit correctly apply the plain error standard of review announced by this Court in United States v. Dominguez-Benitez, 542 U.S. 74 (2004) in rejecting Petitioner's claim that it was plain error for the District Court to accept his plea?

Question Presented (AI Summary)

Was it plain error for a district court to convict petitioner on his plea of guilty to a crime never charged in the governing indictment?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-25
DISTRIBUTED for Conference of 9/30/2024.
2024-07-12
Waiver of United States of right to respond submitted.
2024-07-12
Waiver of right of respondent United States to respond filed.
2024-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2024)
2024-05-30
Application (23A1055) granted by Justice Alito extending the time to file until July 10, 2024.
2024-05-16
Application (23A1055) to extend the time to file a petition for a writ of certiorari from June 10, 2024 to August 9, 2024, submitted to Justice Alito.

Attorneys

Lani a/k/a Lukasz Limane
Robert J. ClaryRobert Clary, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent