No. 18-5111

Lynette Gregory v. United States

Lower Court: Third Circuit
Docketed: 2018-07-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-forfeiture drug-case due-process illegal-sentence money-judgment plea-agreement sentencing sentencing-waiver statutory-authorization statutory-maximum
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a criminal forfeiture in the form of a 'money judgment' is an illegal sentence unauthorized by statute

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is a question of the legality of a federal criminal sentence subject to waiver by plea agreement? In avoidance of this question, should an agreement generally waiving the right to appeal but exempting any challenge to a forfeiture “as set forth in” the Information and allowing claims that the sentence “exceeds the statutory maximum” be construed to allow an appeal questioning whether the criminal forfeiture imposed as part of the sentence was unauthorized by any statute? 2. Does a criminal forfeiture in a federal drug case in the form of a “money judgment” constitute an illegal sentence, because it is unauthorized by any statute? LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties to this petition (petitioner Gregory and respondent United States). There were related cases in the district court under different dockets, but no co-defendants or consolidated appellants. -ii

Docket Entries

2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2018)
2018-05-21
Application (17A1290) granted by Justice Alito extending the time to file until June 28, 2018.
2018-05-17
Application (17A1290) to extend the time to file a petition for a writ of certiorari from May 27, 2018 to June 28, 2018, submitted to Justice Alito.

Attorneys

Lynette Gregory
Peter Goldberger — Petitioner
Peter Goldberger — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent