John Elwood Tyrone Martin v. United States
HabeasCorpus
I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a defendant's subsequently filed motion to withdraw his guilty plea that raises matters not considered or decided by the court of appeals?
II. As in Hunter v. United States, No. 24-1063, in which this Court recently granted certiorari, should this Court likewise grant certiorari to address the Fourth Circuit's enforcement of a written appeal waiver in Mr. Martin's plea agreement where the sentencing judge advised him that he had a right to appeal and the government did not object?
Whether the mandate rule precludes a district court from considering a defendant's motion to withdraw a guilty plea after a court of appeals remands for resentencing