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Brian Goorahoo v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 24-812 · judgment April 7, 2025
Question presented
The federal courts of appeals are divided 10-to-2 over what a federal criminal defendant must do to preserve a claim that the sentencing court committed procedural error, the question left open in Holguin-Hernandez v. United States, 589 U.S. 169, 175 (2020). Specifically, the question presented is: Whether, to preserve for appeal a claim that the sentencing court committed procedural error by failing to explain its sentence adequately or relying on an improper factor, it is sufficient that the defendant argued for a sentence lower than the one imposed, without the need for post-sentence objections, as the Fourth and Seventh Circuits hold, or whether the defendant must object again after sentence is pronounced, as the Second Circuit and nine other circuits hold.
Counsel of record
For petitioner
Edward Scott Zas
Federal Defenders of New York, Inc.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 25 2025Waiver of right of respondent United States to respond filed.
- Sep 11 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2025)