No. 18-288
Philip A. Mearing v. United States
Amici (3)
Experienced Counsel
Tags: appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2019-01-04
Question Presented (AI Summary)
Whether a criminal defendant's waiver of the right to appeal his 'sentence' covers an order of restitution
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether, or under what circumstances, a criminal defendant’s waiver in his plea agreement of the right to appeal his “sentence” covers an appeal of an order of restitution. 2. Whether, or under what circumstances, a defendant’s waiver of the right to appeal an order of restitution or forfeiture precludes an appeal on the ground that the order exceeds the amount the statutory scheme allows.
Docket Entries
2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-19
Reply of petitioner Philip A. Mearing filed. (Distributed)
2018-12-04
Brief of respondent United States in opposition filed.
2018-10-22
Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
2018-10-19
Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.
2018-10-05
Brief amicus curiae of Due Process Institute filed.
2018-10-05
Brief amicus curiae of The Cato Institute filed.
2018-10-05
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2018-09-27
Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
2018-09-26
Motion to extend the time to file a response from October 5, 2018 to November 5, 2018, submitted to The Clerk.
2018-09-10
Blanket Consent filed by Petitioner, Philip A. Mearing.
2018-09-05
Petition for a writ of certiorari filed. (Response due October 5, 2018)
2018-08-09
Application (18A144) granted by The Chief Justice extending the time to file until September 26, 2018.
2018-08-07
Application (18A144) to extend the time to file a petition for a writ of certiorari from August 27, 2018 to September 26, 2018, submitted to The Chief Justice.
Attorneys
Due Process Institute
Shana-Tara O'Toole — DUE PROCESS INSTITUTE, Amicus
Shana-Tara O'Toole — DUE PROCESS INSTITUTE, Amicus
National Association of Criminal Defense Lawyers
Philip A. Mearing
Jeffrey L. Fisher — Stanford Law School Supreme Court Clinic, Petitioner
Jeffrey L. Fisher — Stanford Law School Supreme Court Clinic, Petitioner
The Cato Institute
Michael Hugh McGinley — Dechert LLP, Amicus
Michael Hugh McGinley — Dechert LLP, Amicus
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent