Marcus Arenell Evans v. United States
I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretation and application of the sentencing Guidelines frustrate the remedy fashioned by this Court in U.S. v. Booker, 543 U.S. 220 (2005), thereby rendering the waiver unconstitutional or void as against public policy?
II. Does a defendant knowingly and voluntarily waive his right to appeal the sufficiency of sentence-enhancement evidence and Guidelines interpretation and application if the trial court does not specifically inform the defendant that the defendant is waiving his right to make such a challenge, though the plea agreement does not expressly waive the defendant's right to have his sentenced determined by constitutionally sufficient proof and in accordance with a correct Guidelines es determination?
Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as against public policy?