No. 19-8694

Joseph D. Rouse v. United States

Lower Court: Sixth Circuit
Docketed: 2020-06-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-851 appeal-waiver appellate-review due-process mandatory-minimum notice-requirement plea-agreement sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (from Petition)

Does the express language of 21 U.S.C. § 851 requiring prior written notice of the particular conviction the government seeks to use to enhance a mandatory minimum sentence grant the government an implicit right to change the particular conviction post-plea and without the defendant's consent?

Is appellate review of the above question precluded by an appeal waiver which exclusively provides "the defendant retains the right to appeal a sentence imposed above the sentencing guideline range determined by the Court or above any mandatory minimum sentence deemed applicable by the Court, whichever is greater"?

Question Presented (AI Summary)

Does the express language of 21 U.S.C. § 851 require prior written notice of the particular conviction the government seeks to use to enhance a mandatory minimum sentence

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-22
Waiver of right of respondent United States to respond filed.
2020-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2020)

Attorneys

Joseph Rouse
Wesley D. Stone — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent