No. 18-6141
Damian O'Neil Towne v. United States
Response WaivedIFP
Tags: appellate-waiver criminal-procedure government-objection ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-of-appeal sentencing-error sentencing-guidelines sentencing-miscalculation untimely-notice-of-appeal
Latest Conference:
2018-11-02
Question Presented (from Petition)
THIS COURT SHOULD GRANT CERTIORARI TO RESOLVE THE QUESTION OF WHETHER A GROSS MISCALCULATION OF THE SENTENCING GUIDELINE RANGE SHOULD BE CORRECTED WHERE A DEFENDANT'S APPELLATE WAIVER DOES NOT PRECLUDE AN APPEAL BASED ON COUNSEL'S INEFFECTIVENESS AND WHERE THE GOVERNMENT FAILED TO TIMELY OBJECT TO THE DEFENDANT'S UNTIMELY NOTICE OF APPEAL.
Question Presented (AI Summary)
Whether a gross miscalculation of the sentencing guideline range should be corrected where a defendant's appellate waiver does not preclude an appeal based on counsel's ineffectiveness and where the government failed to timely object to the defendant's untimely notice of appeal
Docket Entries
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-11
Waiver of right of respondent United States to respond filed.
2018-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)
Attorneys
Damian O'Neil Towne
Julie Ann Epps — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent