No. 24-5819

Oscar Robinson v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-10-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure plain-error plea-agreement sentencing substantial-rights
Latest Conference: 2024-11-22
Question Presented (from Petition)

When a criminal defendant demonstrates that, but for the plain error raised on appeal, his sentence as to each of two separate counts would be different, does he meet the requirement that the claimed error affects his substantial rights even where the combined sentence of the two consecutive sentences would likely remain the same?

Question Presented (AI Summary)

Whether a criminal defendant meets the substantial rights prong of plain error review when sentence differences on separate counts would change absent the error but total consecutive sentence remains likely the same

Docket Entries

2024-11-25
Petition DENIED.
2024-11-07
DISTRIBUTED for Conference of 11/22/2024.
2024-10-30
Waiver of right of respondent United States to respond filed.
2024-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2024)

Attorneys

Oscar Robinson
Bernardo LopezFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent