No. 22-5135

Joshua Jay Schroeder v. United States

Lower Court: Ninth Circuit
Docketed: 2022-07-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing
Latest Conference: 2022-09-28
Question Presented (from Petition)

Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to appeal pursuant to Rule 32(j)(1)(B) of the Federal Rules of Criminal Procedure, even if the defendant executed a plea agreement that included a waiver of the right to appeal "any aspect of the sentence?"

Question Presented (AI Summary)

Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to appeal pursuant to Rule 32(j)(1)(B) of the Federal Rules of Criminal Procedure, even if the defendant executed a plea agreement that included a waiver of the right to appeal 'any aspect of the sentence?'

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-27
Waiver of right of respondent United States to respond filed.
2022-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2022)

Attorneys

Jay Schroeder
Stephen R. HormelHormel law Office, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent