No. 25-7168

Juan Carlos Avila Gonzalez v. United States

Lower Court: Fifth Circuit
Docketed: 2026-04-10
Status: Pending
Type: IFP
IFP
Tags: appellate-review clerical-error federal-rules-of-criminal-procedure habeas-corpus presentence-report sentencing
Latest Conference: N/A
Question Presented (from Petition)

IF RULE 36 OF FEDERAL RULES OF CRIMINAL PROCEDURE WAS ENACTED TO CORRECT AN ERROR IN THE RECORD ARISING FROM OVERSIGHT OR OMISSION. CAN THE COURT OF APPEALS WHITEWASH A CLERICAL ERROR IN THE PSR, AND LEAVED UNCORRECTED WITHOUT CONSIDERING THE HARM CAUSED TO PETITIONER BY RELYING SOLELY IN THE DISPOSITION OF THE CASE, AND IN THE RESPONSE OF THE ADDENDUM WHERE THE PROBATION OFFICE ADMITTED THE ERROR BUT REFUSED TO CORRECT IT. ?

Question Presented (AI Summary)

Whether the Court of Appeals may dismiss as frivolous an appeal challenging a clerical error in a presentence report that was acknowledged but not corrected by the probation office, thereby denying petitioner meaningful review of the error's impact on sentencing

Docket Entries

2026-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)

Attorneys

Juan Carlos Avila Gonzalez
Juan Carlos Avila Gonzalez — Petitioner
United States
D. John SauerSolicitor General, Respondent