No. 18-6157

Sealed Appellee v. United States

Lower Court: Fifth Circuit
Docketed: 2018-10-01
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP Experienced Counsel
Tags: 18-usc-3553 due-process government-appeal individualized-hearing liberty-interest plea-agreement sentencing sentencing-waiver
Key Terms:
AdministrativeLaw DueProcess FifthAmendment
Latest Conference: 2019-02-15 (distributed 3 times)
Question Presented (AI Summary)

Whether sentence-waiver provisions in plea agreements bar government appeals

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether, under the rules governing the construction of plea | agreements and in light of due process fairness considerations, sentencewaiver provisions in plea agreements should be construed as_ barring government appeals as well as appeals by defendants. | 2. Whether, when a district court finds that the government’s declination to file a motion under 18 U.S.C. § 3553 violates due process | because the government, contrary to the intent of the plea agreement, | prevents the sentencing court from considering relevant information and Oo affording defendant an individualized hearing on his liberty interest, it may ; remedy the violation. ,

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
Reply of petitioner Sealed Appellee filed. (Distributed)
2018-12-28
Brief of respondent United States in opposition filed.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2018.
2018-11-20
Motion to extend the time to file a response from November 28, 2018 to December 28, 2018, submitted to The Clerk.
2018-10-29
Response Requested. (Due November 28, 2018)
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-15
Waiver of right of respondent United States to respond filed.
2018-10-01
Motion (18M17) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2018-07-18
MOTION (18M17) DISTRIBUTED for Conference of 9/24/2018.
2018-06-25
Motion (18M17) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2018-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2018)

Attorneys

Sealed Appellee
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent