No. 18-9581

Marcus Arenell Evans v. United States

Lower Court: Fifth Circuit
Docketed: 2019-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, 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 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 es determination? il INTERESTED PARTIES There are no

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-18
Waiver of right of respondent United States of America to respond filed.
2019-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

Marcus Evans
Daniel Correa — Petitioner
Daniel Correa — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent