No. 18-9300

Devon Waters, aka Devon Jones v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver appellate-review career-offender crime-of-violence criminal-defendant-appeal-waiver criminal-procedure drug-distribution drug-distribution-offense sentencing sentencing-guidelines
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Does a criminal defendant's waiver of his right to appeal a within guidelines sentence bar appellate review where the district court improperly sentenced a defendant as a career offender?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. DOES A CRIMINAL DEFENDANT’S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE’S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT IMPROPERLY SENTENCED A DEFENDANT AS A CAREER OFFENDER BECAUSE THE STATUTE OF CONVICTION WAS NOT A CRIME OF VIOLENCE OR A DRUG DISTRIBUTION OFFENSE? Il. SHOULD STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PLEA AGREEMENTS? I. SHOULD AN APPELLATE COURT ENFORCE A CRIMINAL DEFENDANT’S APPEAL WAIVER WHERE THE SENTENCING COURT USES AN IMPROPER SENTENCING GUIDELINE THAT MORE THAN DOUBLES THE GUIDELINE SENTENCE EVEN THROUGH THE DEFENDANT RECEIVED NO SUBSTANTIAL BENEFIT FROM THE PLEA BARGAIN?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent United States of America to respond filed.
2019-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Devon Waters
Michael W. PatrickLaw Office of Michael W. Patrick, Petitioner
Michael W. PatrickLaw Office of Michael W. Patrick, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent