No. 25-6699

Martin Gutierrez-Barba v. United States

Lower Court: Ninth Circuit
Docketed: 2026-02-03
Status: Pending
Type: IFP
Response WaivedIFP
Tags: 3553(a)-factors appellate-review criminal-procedure judicial-discretion procedural-error sentencing
Latest Conference: 2026-02-27
Question Presented (from Petition)

Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient to preserve a claim of procedural error?

Question Presented (AI Summary)

Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient to preserve a claim of procedural error?

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-09
Waiver of United States of right to respond submitted.
2026-02-09
Waiver of right of respondent United States to respond filed.
2026-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)
2025-11-06
Application (25A526) granted by Justice Kagan extending the time to file until February 1, 2026.
2025-11-04
Application (25A526) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to February 1, 2026, submitted to Justice Kagan.

Attorneys

Martin Gutierrez-Barba
Jami JohnsonFederal Public Defenders Office, Petitioner
United States
D. John SauerSolicitor General, Respondent