No. 25-6791

David Sano-Perez, aka David Sanot Perez v. United States

Lower Court: First Circuit
Docketed: 2026-02-11
Status: Pending
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure federal-rules harmless-error rule-60b sentencing-guidelines
Latest Conference: 2026-03-20
Question Presented (from Petition)

Whether a District Court's mere pronouncement at a criminal sentencing that it would have imposed the same sentence on a defendant without regard to the range advised by the Sentencing Guidelines suffices to make any erroneous calculation of that range "harmless" for purposes of Federal Rule of Criminal Procedure 52, and rather or not action to Appeal per rule 60(b) to be allowed?

Question Presented (AI Summary)

Whether a District Court's mere pronouncement at a criminal sentencing that it would have imposed the same sentence on a defendant without regard to the range advised by the Sentencing Guidelines suffices to make any erroneous calculation of that range 'harmless' for purposes of Federal Rule of Criminal Procedure 52, and whether action to Appeal per rule 60(b) should be allowed

Docket Entries

2026-02-26
DISTRIBUTED for Conference of 3/20/2026.
2026-02-20
Waiver of United States of right to respond submitted.
2026-02-20
Waiver of right of respondent United States to respond filed.
2026-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2026)

Attorneys

David Sano-Perez
David Sano-Perez — Petitioner
United States
D. John SauerSolicitor General, Respondent