No. 18-7418

Derrick T. Seals v. United States

Lower Court: Eighth Circuit
Docketed: 2019-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release
Latest Conference: 2019-02-15
Question Presented (from Petition)

Did government breach plea agreement/contract when defendant never agreed to. enhancement?

Was Defendant mislead into plea agreement provisions inclusive of Supervised Release which would be subjective to PSIR?

Did District Court err by denying Defendants Motion for Reduction of sentence pursuant to 18 USC § 3582 (c)(2) and Amendment 782?

Was Defense Counsel deficient or ineffective in the assistance of defense in the criminal matter?

Why was Defendant held accountable for leadership role when he was minor participant?

Why was Defendant given "851" without being notified pursuant of the indictment?

Was plea agreement which was offered by government to the Defendant ambiguous or deceptive?

Question Presented (AI Summary)

Did government breach plea agreement/contract when defendant never agreed to enhancement?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent United States to respond filed.
Main Document
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Derrick T. Seals
Derrick Seals — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent