No. 18-6851
Response WaivedIFP
Tags: advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines
Latest Conference:
2019-01-04
Question Presented (from Petition)
Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after execution of the appeal waiver? Does a defendant have a due process right to be sentenced by a judge who treats the sentencing guidelines as advisory and not mandatory? If so, does that right survive an appeal waiver?
Question Presented (AI Summary)
Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after execution of the appeal waiver? Does a defendant have a due process right to be sentenced by a judge who treats the sentencing guidelines as advisory and not mandatory? If so, does that right survive an appeal waiver?
Docket Entries
2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-06
Waiver of right of respondent United States to respond filed.
2018-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)
Attorneys
Steven Gomez
Leigh Warren Davis — Leigh Warren Davis, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent