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Francisco Rodriguez-Castro v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-50989 · judgment June 4, 2020

Certiorari denied · December 7, 2020
Pre-decision estimate: 9% cert probability (95% interval 5%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing three to ten dissents.

Question presented

Whether the Fifth Circuit erred in holding that Rodriguez’s erroneous sentence enhancement as a career offender, which increased his sentence from 135 months to 262 months, was not a miscarriage of justice entitling him to post-conviction relief, given that Rodriguez incorrectly filed a motion pursuant to 28 U.S.S. § 2255 instead of a petition for certiorari after having his request for counsel denied?

Counsel of record

For petitioner
Hans Viktor Olavson
Attorney at Law

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

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

Conference history
Distributed for 1 conference

Order
Order list, December 7, 2020 · Certiorari denied

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Nov 06 2020
    Waiver of right of respondent United States to respond filed.
  4. Oct 01 2020
    Petition for a writ of certiorari filed. (Response due November 9, 2020)