No. 21-7353
Alejandro Chavarria v. United States
Response WaivedIFP
Tags: appellate-waiver criminal-procedure federal-rules-of-criminal-procedure government-estoppel judicial-error plea-agreement rule-32 sentencing
Latest Conference:
2022-04-14
Question Presented (from Petition)
1. Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's failure to correct this error, negates a plea agreement's appellate waiver.
2. Whether the Government's failure to correct the judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice at sentencing, occurring nearly a year and a half following the Rule 11 guilty plea proceedings, estops the Government from enforcing the waiver.
Question Presented (AI Summary)
Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's failure to correct this error, negates a plea agreement's appellate waiver
Docket Entries
2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-22
Waiver of right of respondent United States to respond filed.
2022-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2022)
Attorneys
Alejandro Chavarria
Mary Margaret Penrose — Texas A&M University School of Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent