Appealing sentencing mistakes
Tacuri v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Juan Tacuri asks the Supreme Court to review whether a defendant gives up a claim of sentencing error by failing to object after a judge has ruled, despite having no chance to object first.
- What's at stake
- Tacuri’s request for Supreme Court review of his sentencing challenge remains pending; the Court has not agreed to hear it.
Summary: written with AI from the case record.
What it's about
He also asks whether an appeals court must assess all parts of the plain-error test before rejecting a sentencing challenge.
The petition points to a disagreement between the Second Circuit and the First, Seventh and Eighth Circuits over whether a party can preserve an objection by asking the judge to reconsider after a ruling.
Question presented
1. Whether, under Federal Rule of Criminal Procedure 51, a party that had no chance to object before the court ruled has an “opportunity to object”—such that its failure to object forfeits its claim of error—because it could have asked the court to reconsider before the ruling took effect, as the Second Circuit held below, or instead lacks such an opportunity, as the First, Seventh, and Eighth Circuits have held. 2. Whether, under Rosales-Mireles v. United States, 585 U.S. 129 (2018), an unpreserved sentencing error satisfying United States v. Olano’s first three plain-error prongs presumptively satisfies the fourth such that a court of appeals errs by bypassing the first three prongs and denying relief solely under the fourth.
What happens next
The Court’s next step is to decide whether to hear the petition. No oral argument or decision date is scheduled.
Documents
Docket activity
Case data updated: title
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AI analysis generated: Case Briefing
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Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.