No. 23-5102

Taiwo K. Onamuti v. United States

Lower Court: Seventh Circuit
Docketed: 2023-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2023-09-26
Question Presented (from Petition)

1) Can an original guilty plea be completely knowing and voluntary, when
the government, and the district court wrongly advised defendant about counsel,
§ 287 being a lawful predicate for an aggravated identity theft under § 1028A? And
must the entire plea be vacated?

2) Is Plenary Resentencing necessary when the District Court based its § 3C1.1
obstruction enhancement on defendant's refusal to plead guilty to aggravated
identity theft § 1028A when the court had no jurisdiction to receive such plea?

3) Is Plenary Resentencing now mandatory considering the Supreme Court's recent
decision in United States v. Dubin, No. 22-10?

4) Did the district court sentence Onamuti in excess of the statutory maximum?

Question Presented (AI Summary)

Can an original guilty plea be completely knowing and voluntary?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-18
Waiver of right of respondent United States to respond filed.
2023-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2023)

Attorneys

Taiwo K. Onamuti
Taiwo K. Onamuti — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent