No. 20-6449

Anthony Don Brown v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights due-process plea-bargaining sentencing sixth-amendment waiver
Key Terms:
DueProcess SecondAmendment FifthAmendment
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. Under Class v. United States, 138 S.Ct. 798 (2018), when a defendant argues on appeal that his sentence was imposed in violation of his Fifth Amendment right to due process and Sixth Amendment right to notice (in that he had no notice based on pleading to the charged offense that he would later be sentenced for a completely different offense), is the appeal properly barred by a waiver of appeal provision in the plea agreement?

2. When the Government agrees as part of a plea agreement not to: bring any additional charges against the defendant based on the conduct underlying and related to the defendant's plea of guilty but then agrees with a cross-reference to a completely different offense recommended by the presentencing investigation report - that changes months - has the Government thereby breached the plea agreement?

Question Presented (AI Summary)

Whether a defendant's appeal of a sentence imposed in violation of due process and notice rights is barred by a plea agreement's waiver provision

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-16
Waiver of right of respondent United States of America to respond filed.
2020-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Anthony Brown
John Andrew KucheraAttorney at Law, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent