No. 18-9303

Larry Ray Lincks v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretation and application of the sentencing Guidelines frustrate the remedy fashioned by this Court in U.S. v. Booker, 543 U.S. 220 (2005), thereby rendering the waiver unconstitutional or void as against public policy?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court’s interpretation and application of the sentencing Guidelines frustrate the remedy fashioned by this Court in U.S. v. Booker, 543 U.S. 220 (2005), thereby rendering the waiver unconstitutional or void as against public policy? II. Does a defendant knowingly and voluntarily waive his right to appeal the sufficiency of evidence and Guidelines interpretation and application if the trial court does not specifically inform the defendant, as part of its Federal Rule of Criminal Procedure 11(b)(1)(N) disclosures, that the defendant is waiving his right to make such a challenge, though the plea agreement does not expressly waive the defendant’s right to have his sentenced determined by constitutionally sufficient proof and in accordance with a correct Guidelines range determination? Il. Did the plea agreement vest Petitioner with a contractual right to have his sentence determined with reference to a proper application of the Guidelines and upon sufficient proof, creating a condition precedent to enforceability of the sentence appeal waiver, the applicability of which requires appellate review of the court’s guidelines application? ii INTERESTED PARTIES There are no

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

Larry Lincks
Daniel Correa — Petitioner
Daniel Correa — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent