No. 22-7096

Appellant 1 and Appellant 2 v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-discretion appellate-procedure breach constitutional contract-interpretation cooperation-agreement crime-of-violence judicial-review sentencing sentencing-guidelines
Latest Conference: 2023-04-21
Question Presented (from Petition)

Was it unconstitutional and improper for the Fifth Circuit to rely on the government's newly argued application of an undefined contract provision to affirm Petitioners' judgments, absent exceptional circumstances or a risk of injustice resulting from a failure to reach the issue?

Question Presented (AI Summary)

Was it unconstitutional and improper for the Fifth Circuit to rely on the government's newly argued application of an undefined contract provision to affirm Petitioners' judgments, absent exceptional circumstances or a risk of injustice resulting from a failure to reach the issue?

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-29
Waiver of right of respondent United States to respond filed.
2023-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Appellant 1
Samantha Jean KuhnFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent