No. 20-5015

James Latron Sumter v. United States

Lower Court: Fourth Circuit
Docketed: 2020-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing
Key Terms:
Punishment JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE
DISTRICT COURT'S RULING NOT ALLOWING SUMTER TO WITHDRAW
HIS GUILTY PLEA?

2. WHETHER THE APPELLATE COURT ERRED IN FAILING TO FIND THE
FIRST STEP ACT CHANGED THE PRIOR CONVICTION REQUIRED FOR
A MANDATORY MINIMUM LIFE SENTENCE AND THUS APPELLANT
PLED GUILTY TO AVOID A LIFE SENTENCE HE COULD NO LONGER
RECEIVE?

3. WHETHER THE APPELLATE COURT ERRED IN FAILING TO FIND THE
SENTENCE GIVEN TO SUMTER CONSTITUTED CRUEL AND UNUSUAL
PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT OF THE
UNITED STATES CONSTITUTION?

Question Presented (AI Summary)

Whether the appellate court erred in affirming the district court's ruling not allowing Sumter to withdraw his guilty plea

Docket Entries

2020-10-05
Petition DENIED.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-16
Waiver of right of respondent United States to respond filed.
2020-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2020)

Attorneys

James Latron Sumter
James HoffmeyerLaw Office of W James Hoffmeyer, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent