Carlton v. United States

The petition for a writ of certiorari is denied.

Statement of Justice SOTOMAYOR, with whom Justice BREYERjoins, respecting the denial of certiorari.

The District Court enhanced petitioner Roy Carlton's sentence based on a factual inaccuracy introduced into the sentencing record by the Government. The United States Court of Appeals for the Fifth Circuit refused to review Carlton's appellate challenge to the enhancement, relying on Circuit precedent holding that factual errors are never cognizable on plain-error review. For the reasons that follow, I believe the Fifth Circuit's precedent is…