Lynette Gregory v. United States
DueProcess JusticiabilityDoctri
Whether a criminal forfeiture in the form of a 'money judgment' is an illegal sentence unauthorized by statute
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