No. 18-8349

Daverne Michael Foy v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the trial court's consideration of non-charged offenses with significantly higher sentencing guidelines constitutes plain error affecting the defendant's substantial rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In Rosales-Mireles, this Court struck down the court of appeals’ heightened “shock the conscience” standard for a Rule 52(b) plain error review, and held that such a review is available in ordinary circumstances where the record reflects that the fairness, integrity or public reputation of the judicial proceedings have been affected. Does the trial court’s express consideration of non-charged offenses with significantly higher sentencing guidelines that those for which a defendant pled guilty constitute plain error that affects that defendant’s substantial rights? 2. Do post-appeal assertions that a waiver of appeal was not fully informed and that the waiver process in the trial court was improperly rushed constitute plain error that affects a defendant’s substantial rights? ii

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-19
Waiver of right of respondent United States of America to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Michael Foy
C. Andrew WeberKelly Hart & Hallman LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent