No. 18-7639

Caster Delaney Whetstone v. United States

Lower Court: Fourth Circuit
Docketed: 2019-01-29
Status: Denied
Type: IFP
IFP
Tags: appellate-waiver armed-career-criminal armed-career-criminal-act circuit-split illegal-sentence plea-agreement sentencing statutory-maximum
Latest Conference: 2019-05-30
Question Presented (from Petition)

Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maximum, is outside the scope of an appellate waiver in a plea agreement because the defendant is contesting an illegal sentence.

Question Presented (AI Summary)

Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maximum, is outside the scope of an appellate waiver in a plea agreement because the defendant is contesting an illegal sentence

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-01
Brief of respondent United States of America in opposition filed.
2019-03-11
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2019.
2019-03-08
Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
2019-02-25
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2019.
2019-02-22
Motion to extend the time to file a response from February 28, 2019 to April 1, 2019, submitted to The Clerk.
2019-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)

Attorneys

Caster Whetstone
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent