No. 18-7639
Caster Delaney Whetstone v. United States
IFP
Tags: appellate-waiver armed-career-criminal armed-career-criminal-act circuit-split illegal-sentence plea-agreement sentencing statutory-maximum
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-05-30
Question Presented (AI Summary)
Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maximum, is outside the scope of an appellate waiver in a plea agreement because the defendant is contesting an illegal sentence
Question Presented (OCR Extract)
QUESTIONS PRESENTED Whether a defendant’s challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maximum, is outside the scope of an appellate waiver in a plea agreement because the defendant is contesting an illegal sentence. i
Docket Entries
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-01
Brief of respondent United States of America in opposition filed.
2019-03-11
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2019.
2019-03-08
Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
2019-02-25
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2019.
2019-02-22
Motion to extend the time to file a response from February 28, 2019 to April 1, 2019, submitted to The Clerk.
2019-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)
Attorneys
Caster Whetstone
Kimberly H. Albro — Federal Public Defender's Office, Petitioner
Kimberly H. Albro — Federal Public Defender's Office, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent