No. 18-9049

Jackie Madore v. United States

Lower Court: First Circuit
Docketed: 2019-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity
Latest Conference: 2019-05-30
Question Presented (from Petition)

I. Whether the Supreme Court of the United States should review appellate waivers in criminal cases under principles of contract law. A concatenation of events post-signing of petitioner's signing of her plea agreement constituted a quantum of vagaries which the parties could not have contemplated on the date of signing so as to obviate the plea waiver and allow petitioner-defendant an opportunity to appeal.

II WHETHER petitioner's sentence was procedurally flawed in that the sentencing court created sentencing disparity among similarly situated defendants pursuant to 18 U.S.C. § 3553(a)(6).

III. Whether the First Circuit Local Rule of Appellate Procedure 27.0(c) is fundamentally unfair and violative of due process under the Fifth Amendment to the United States Constitution.

Question Presented (AI Summary)

Whether the Supreme Court should review appellate waivers in criminal cases under principles of contract law

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
Waiver of right of respondent United States of America to respond filed.
2019-04-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2019)

Attorneys

Jackie Madore
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent