No. 18-8183

Gregory Frank Sperow v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether the government can breach a Rule 11(c)(1)(c) plea agreement concerning the return of seized properties and then rely on the agreement's waiver provision, waiving defendant's right to appeal, to prevent defendant from seeking relief?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Whether the government can breach a Rule 11(¢)(1)(c) plea ; agreement concerning the return of seized properties and then rely on the agreement's waiver provision, waiving : defendant's right to appeal, to prevent defendant from seeking relief? . . 2. Does the Constitution's Fifth Amendment Due Process Clause . entitle a defendant whose property interests are at stake to ; notice and opportunity to be heard? 3. Does the due process gurantee of fundamental fairness require that a defendant's plea agreement be honored by the government? ‘ . ai

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent United States to respond filed.
2018-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)
2018-09-06
Application (18A236) granted by The Chief Justice extending the time to file until November 14, 2018.
2018-08-27
Application (18A236) to extend the time to file a petition for a writ of certiorari from September 30, 2018 to November 14, 2018, submitted to The Chief Justice.

Attorneys

Gregory Frank Sperow
Gregory Frank Sperow — Petitioner
Gregory Frank Sperow — Petitioner
UNited States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent