No. 18-9300

Devon Waters, aka Devon Jones v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver appellate-review career-offender crime-of-violence criminal-defendant-appeal-waiver criminal-procedure drug-distribution drug-distribution-offense sentencing sentencing-guidelines
Latest Conference: 2019-06-13
Question Presented (from Petition)

I.
DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS
RIGHT TO APPEAL A WITHIN GUIDELINE'S SENTENCE
BAR APPELLATE REVIEW WHERE THE DISTRICT COURT
IMPROPERLY SENTENCED A DEFENDANT AS A CAREER
OFFENDER BECAUSE THE STATUTE OF CONVICTION
WAS NOT A CRIME OF VIOLENCE OR A DRUG
DISTRIBUTION OFFENSE?

II.
SHOULD STANDARDS OTHER THAN THE KNOWING AND
VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED
STATES GOVERN THE ENFORCEMENT OF APPEAL
WAIVERS IN PLEA AGREEMENTS?

III.
SHOULD AN APPELLATE COURT ENFORCE A CRIMINAL
DEFENDANT'S APPEAL WAIVER WHERE THE
GUIDELINE THAT MORE THAN DOUBLES THE
GUIDELINE SENTENCE EVEN THROUGH THE
FROM THE I
PLEA BARGAIN?

Question Presented (AI Summary)

Does a criminal defendant's waiver of his right to appeal a within guidelines sentence bar appellate review where the district court improperly sentenced a defendant as a career offender?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent United States of America to respond filed.
2019-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Devon Waters
Michael W. PatrickLaw Office of Michael W. Patrick, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent