No. 24-5285

Ernesto Alba Vasquez v. United States

Lower Court: Fifth Circuit
Docketed: 2024-08-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether a factual basis, that completely lacks facts supporting any of the three elements of the offense charged in the indictment, can be cured by facts in a presentence report filed almost two months after the district court accepts the defendant's guilty plea.

Question Presented (AI Summary)

Whether a factual basis lacking elements of the charged offense can be cured by a presentence report filed after a guilty plea acceptance

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-12
Waiver of United States of right to respond submitted.
2024-08-12
Waiver of right of respondent United States to respond filed.
2024-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)

Attorneys

Ernesto Vasquez
Shane O'NealO'Neal Law, Petitioner
United States
Elizabeth B. Prelogar — Respondent