No. 25-5743

Rico Lorodge Brown v. United States

Lower Court: Fourth Circuit
Docketed: 2025-09-26
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: apprendi-doctrine charging-error criminal-sentencing harmless-error judicial-factfinding structural-error
Latest Conference: 2025-11-07
Question Presented (from Petition)

I. Does the type of error that occurred in this case —sentencing a criminal defendant for an uncharged and untried offense —qualify as structural error under this Court' s precedent?

II. If harmless -error review applies, what showing must the government make to carry its harmless -error burden?

Question Presented (AI Summary)

Does sentencing a criminal defendant for an uncharged and untried offense qualify as structural error under Supreme Court precedent, and if harmless-error review applies, what showing must the government make to carry its harmless-error burden?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Waiver of United States of America of right to respond submitted.
2025-10-10
Waiver of right of respondent United States of America to respond filed.
2025-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2025)
2025-07-10
Application (25A31) granted by The Chief Justice extending the time to file until September 26, 2025.
2025-07-03
Application (25A31) to extend the time to file a petition for a writ of certiorari from July 28, 2025 to September 26, 2025, submitted to The Chief Justice.

Attorneys

Rico Brown
Joshua Brown CarpenterFederal Public Defender, NCWD, Petitioner
United States of America
D. John SauerSolicitor General, Respondent