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Gonzalo Holguin-Hernandez v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 18-50386 · judgment December 27, 2018

Decided · February 26, 2020

Question presented

Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sentence. K. WINN ALLEN, ESQUIRE, OF WASHINGTON, D.C. IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW. THE MOTION OF PETITIONER FOR APPOINTMENT OF COUNSEL IS GRANTED, AND PHILIP J. LYNCH, ESQ., OF SAN ANTONIO, TEXAS, IS APPOINTED TO SERVE AS COUNSEL FOR PETITIONER IN THIS CASE.

Counsel of record

For petitioner
Philip J. Lynch
Law Offices of Phil Lynch

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 4 conferences

Amicus briefs
2 merits
(2 respondent)

Argument & decision

Argued December 10, 2019 — Kendall Turner · Morgan L. Ratner · K. Winn Allen. Audio and transcript

Decided February 26, 2020. Opinion by Breyer.

Proceedings

  1. Mar 30 2020
    JUDGMENT ISSUED.
  2. Feb 26 2020
    Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined.
  3. Dec 10 2019
    Argued. For petitioner: Kendall Turner, Washington, D. C. For respondent in support of vacatur: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: K. Winn Allen, Washington, D. C.
  4. Oct 31 2019
    Sealed documents received from the U.S.D.C. Western District of Texas (electronic).
  5. Oct 30 2019
    Reply of petitioner Gonzalo Holguin-Hernandez filed. (Distributed)
  6. Oct 30 2019
    Reply of respondent United States supporting vacatur filed. (Distributed)
  7. Oct 25 2019
    CIRCULATED
  8. Oct 23 2019
    Record requested from the U.S.C.A. 5th Circuit.
  9. Oct 21 2019
    Motion for divided argument filed by the Solicitor General GRANTED, and the time is divided as follows: 15 minutes for petitioner, 15 minutes for the Solicitor General in support of vacatur, and 30 minutes for Court-appointed amicus curiae in support of the judgment below.
  10. Oct 07 2019
    Motion to appoint counsel filed by petitioner GRANTED, and Philip J. Lynch, Esq., of San Antonio, Texas, is appointed to serve as counsel for petitioner in this case.
  11. Oct 04 2019
    Motion for divided argument filed by respondent United States.
  12. Sep 30 2019
    Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
  13. Sep 13 2019
    SET FOR ARGUMENT on Tuesday, December 10, 2019.
  14. Aug 30 2019
    Motion to further extend the time to file the Court-appointed amicus curiae's brief on the merits in support of the judgment below granted and the time to file is extended to and including September 30, 2019.
  15. Aug 20 2019
    Motion of the Court-appointed amicus curiae in support of the judgment below for a further extension of time to file the brief on the merits filed.
  16. Aug 05 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers and National Association of Federal Defenders filed.
  17. Jul 29 2019
    Joint appendix filed. (Statement of costs filed)
  18. Jul 29 2019
    Brief of petitioner Gonzalo Holguin-Hernandez filed. (Reprinted brief submitted).
  19. Jul 29 2019
    Brief of petitioner Gonzalo Holguin-Hernandez filed. (September 27, 2019 - Reprinted).
  20. Jul 29 2019
    Brief of respondent United States supporting vacatur filed.
  21. Jul 17 2019
    Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and the brief of the United States on the merits is extended to and including July 29, 2019. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including September 9, 2019.
  22. Jul 03 2019
    DISTRIBUTED for Conference of 10/1/2019.
  23. Jun 30 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  24. Jun 28 2019
    K. Winn Allen, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
  25. Jun 18 2019
    Motion to appoint counsel filed by petitioner Gonzalo Holguin-Hernandez.
  26. Jun 03 2019
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  27. May 28 2019
    DISTRIBUTED for Conference of 5/30/2019.
  28. May 08 2019
    DISTRIBUTED for Conference of 5/23/2019.
  29. Apr 30 2019
    Reply of petitioner Gonzalo Holguin-Hernandez filed.
  30. Apr 26 2019
    Brief of respondent United States of Amercia in opposition filed.
  31. Mar 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2019.
  32. Mar 20 2019
    Motion to extend the time to file a response from March 27, 2019 to April 26, 2019, submitted to The Clerk.
  33. Feb 25 2019
    Response Requested. (Due March 27, 2019)
  34. Feb 14 2019
    DISTRIBUTED for Conference of 3/1/2019.
  35. Feb 11 2019
    Waiver of right of respondent United States of Amercia to respond filed.
  36. Jan 22 2019
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2019)