No. 20-5110

Gabriel Cardona-Ramirez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-conflict collateral-appeal-waiver district-court due-process plea-agreement section-2255 standing sua-sponte
Latest Conference: 2020-09-29
Question Presented (from Petition)

CIRCUIT CONFLICT(split)rWHETHER a district court in a Section 2255 proceeding has the authority to raise a collateral-appeal waiver defense sua sponte prior to,or without/informing the parties of the court's intent?

WHETHER a collateral-appeal! waiver provision in a plea agreement may be nullified wliere in a Proceeding the district court allows for what the waiver prevents and where the government (hereinafter "govt(s)")fails to object to the court's express instruction in the same proceeding?.

WHETHER under the present case circumstances the issue of waiver is debatable in light of this Court's ruling in the above- presented questions thus entitling the Petitioner to a Certificate Of Appealability ("COA")

Question Presented (AI Summary)

Whether a district court has authority to raise a collateral-appeal-waiver sua sponte

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-10
Waiver of right of respondent United States to respond filed.
2020-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

Gabriel Cardona-Ramirez
Gabriel Cardona-Ramirez — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent