No. 23-7035

Lower Court: Second Circuit

Docketed: 2024-03-20

Status: Denied

Type: IFP

Tags: appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing

Latest Conference: 2024-04-12

Question Presented (from Petition)

Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowing and that "he would not have entered the plea" if he had understood the waiver. United States v. Dominguez Benitez, 542 U.S. 74, 83 (2004) (emphasis added).

Question Presented (AI Summary)

Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowing and that he would not have entered the plea if he had understood the waiver