No. 20-5577

Malik Timbers v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement
Latest Conference: 2020-10-09
Question Presented (from Petition)

I.
WHETHER CERTIORARI REVIEW SHOULD BE GRANTED
WHERE THE ELEVENTH CIRCUIT ERRED IN FINDING THAT
TIMBERS' GUILTY PLEA WAS VOLUNTARY AND THE
SENTENCE-APPEAL WAIVER ENFORCEABLE.

II.
WHETHER CERTIORARI REVIEW SHOULD BE GRANTED
WHERE THE ELEVENTH CIRCUIT ERRED IN DENYING
TIMBERS' OBJECTION TO THE ENHANCEMENT FOR
DANGEROUS WEAPON AND THE ENHANCEMENT FOR
THREAT OF USE OF VIOLENCE.

III.
WHETHER CERTIORARI REVIEW SHOULD BE GRANTED
WHERE THE ELEVENTH CIRCUIT ERRED IN DENYING
TIMBERS' REQUEST FOR A MINOR ROLE REDUCTION.

IV.
WHETHER CERTIORARI REVIEW SHOULD BE GRANTED
WHERE THE ELEVENTH CIRCUIT ERRED IN DENYING
TIMBERS' REQUEST FOR A VARIANCE.

V.
WHETHER CERTIORARI REVIEW SHOULD BE GRANTED
WHERE THE ELEVENTH CIRCUIT AFFIRMED TIMBERS'
SENTENCE WHERE TIMBERS' SENTENCE WAS
UNREASONABLE IN LIGHT OF THE STATUTORY
SENTENCING FACTORS LISTED IN 18 U.S.C. §3553(A)-(F) AND
PRINCIPLES APPLIED BY THE ADVISORY FEDERAL
SENTENCING GUIDELINES.

Question Presented (AI Summary)

Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-16
Waiver of right of respondent United States to respond filed.
2020-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

Malik Timbers
David Jonathon JoffeJoffe Law, P.A., Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent