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Florencio Rosales-Mireles v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 16-50151 · judgment March 6, 2017

Decided · June 18, 2018

Question presented

In United· States v. Olano, this Court held that, under the fourth prong of plain error review, "[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings." 507 U.S. 725, 736 (1993). To meet that standard, is it necessary, as the Fifth Circuit Court of Appeals required, that the error be one that "would shock the conscience of the common man, serve as a powerful indictment against our system of Justice, or seriously call into question the competence or integrity of the district judge?"

Counsel of record

For petitioner
Kristin L. Davidson
Federal Public Defender

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 merits
(1 supporting pet./neither)

Argument & decision

Argued February 21, 2018 — Kristin L. Davidson · Jonathan Ellis. Listen and read along · the Court’s audio

Decided June 18, 2018. Opinion by Sotomayor.

Proceedings

  1. Jul 20 2018
    JUDGMENT ISSUED.
  2. Jun 18 2018
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
  3. Feb 21 2018
    Argued. For petitioner: Kristin L. Davidson, Assistant Federal Public Defender for Western Dist. of Tex., San Antonio, Tex. For respondent: Jonathan Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Feb 09 2018
    Reply of petitioner Rosales-Mireles, Florencio filed. (Distributed)
  5. Jan 10 2018
    Record requested from the U.S.C.A. 5th Circuit.
  6. Jan 10 2018
    Brief of respondent United States filed. (Distributed)
  7. Jan 05 2018
    CIRCULATED
  8. Dec 20 2017
    SET FOR ARGUMENT ON Wednesday, February 21, 2018
  9. Dec 05 2017
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  10. Nov 29 2017
    Joint appendix filed. (Statement of cost filed.)
  11. Nov 29 2017
    Brief of petitioner Rosales-Mireles, Florencio filed.
  12. Nov 09 2017
    The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2017.
  13. Nov 09 2017
    The time to file respondent's brief on the merits is extended to and including January 10, 2018.
  14. Sep 28 2017
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  15. Aug 24 2017
    DISTRIBUTED for Conference of 9/25/2017.
  16. Aug 22 2017
    Reply of petitioner Florencio Rosales-Mireles filed. (Distributed)
  17. Aug 09 2017
    Brief of respondent United States in opposition filed.
  18. Jul 07 2017
    Order extending time to file response to petition to and including August 9, 2017.
  19. Jun 05 2017
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2017)