Supreme Court of the United States · Official docket →
Martin Gutierrez-Barba v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 21-10232 · judgment May 23, 2025
Certiorari denied · March 2, 2026
Question presented
Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient to preserve a claim of procedural error?
Counsel of record
For petitioner
Jami Johnson
Federal Public Defenders Office
For respondent
D. John Sauer
Solicitor General
Proceedings
- Mar 02 2026Petition DENIED.
- Feb 12 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 09 2026Waiver of right of respondent United States to respond filed.
- Jan 30 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)
- Nov 06 2025Application (25A526) granted by Justice Kagan extending the time to file until February 1, 2026.
- Nov 04 2025Application (25A526) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to February 1, 2026, submitted to Justice Kagan.