No. 18-8623

Justin Cole Milam v. United States

Lower Court: Fourth Circuit
Docketed: 2019-03-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review
Key Terms:
DueProcess
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Are appeal waivers in federal criminal plea agreements unconstitutional?

Question Presented (OCR Extract)

QUESTIONS PRESENTED IL Are appeal waivers presented in federal criminal plea agreements an unconstitutional overreach by the Government preventing review of constitutional questions [raised in the appeal] at the Appellate Division in violation of due process guaranteed by the Fifth and Fourteenth Amendments? Subpart A: Can a plea containing an appeal waiver ever be knowing and voluntary where the defendant is “bargaining” for prospective sentencing favor of a Government who is not bound to perform (thus illusory), and Subpart B: Where he is not counseled by a defense pursuing any constitutional protections or mitigation? I. Should [claims outside the waiver including IAC] be limited to “face of record” standard where that precludes review of failure to act or false inducement not appearing in the record, insulating failure by defense counsel to protect or fully advise, as well as illusory inducements, on direct review?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-05
Waiver of right of respondent United States to respond filed.
2019-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)

Attorneys

Justin Cole Milam
Deborrah Lynn NewtonNewton Law, Petitioner
Deborrah Lynn NewtonNewton Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent