Devon Waters, aka Devon Jones v. United States
JusticiabilityDoctri
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?
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?