Supreme Court of the United States · Official docket →
Christian Genao v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 23-6710 · judgment October 4, 2024
Question presented
Federal criminal defendants have a right to be present at sentencing, grounded in the Fifth Amendment Due Process Clause and codified in Federal Rule of Criminal Procedure 43(a)(3). Circuits, however, are split as to whether this right requires sentencing courts to orally pronounce non-mandatory conditions of supervised release at sentencing or if these conditions can be added later to the written judgment. Seven circuits require all non-mandatory conditions to be orally pronounced, while two do not. Must sentencing courts orally pronounce non-mandatory conditions of supervised release to protect defendants’ right to be present and to put them on notice of the conditions they must follow to avoid reincarceration?
Counsel of record
For petitioner
Allegra Glashausser
Federal Defenders of New York
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 26 2025Stay further consideration of the petition of certiorari of Christian Genao submitted.
- Aug 28 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 21 2025Reply of petitioner Christian Genao filed.
- Aug 08 2025Brief of respondent United States in opposition filed.
- Jul 08 2025Motion to extend the time to file a response is granted and the time is further extended to and including August 8, 2025.
- Jul 07 2025Motion to extend the time to file a response from July 9, 2025 to August 8, 2025, submitted to The Clerk.
- Jun 06 2025Motion to extend the time to file a response is granted and the time is further extended to and including July 9, 2025.
- Jun 04 2025Motion to extend the time to file a response from June 9, 2025 to July 9, 2025, submitted to The Clerk.
- May 01 2025Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2025.
- Apr 30 2025Motion to extend the time to file a response from May 9, 2025 to June 9, 2025, submitted to The Clerk.
- Apr 09 2025Response Requested. (Due May 9, 2025)
- Apr 02 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 31 2025Waiver of right of respondent United States to respond filed.
- Mar 19 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 23, 2025)