No. 19-5333

Charles York Walker, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2019-07-25
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11
Key Terms:
FifthAmendment
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a district court abuses its discretion by determining whether to accept or reject a plea agreement under Rule 11 of the Rules of Criminal Procedure based largely on broad-based policy disagreements with plea bargaining, based on incorrect underlying assumptions, rather than case-specific factors that are, at best, given passing attention. 2. Whether this Court should grant certiorari, vacate Walker’s conviction for being a felon in possession of a firearm, and remand the case to the Fourth Circuit for further proceedings in light of this Court’s decision in Rehaif v. United States, 139 8. Ct. 2191 (2019). -iiII. LIST OF ALL DIRECTLY

Docket Entries

2019-12-06
JUDGMENT ISSUED.
2019-11-04
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-09-25
Memorandum of respondent United States filed.
2019-08-21
Motion to extend the time to file a response is granted and the time is extended to and including September 25, 2019.
2019-08-20
Motion to extend the time to file a response from August 26, 2019 to September 25, 2019, submitted to The Clerk.
2019-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)

Attorneys

Charles York Walker, Jr.
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
UNITED STATES OF AMERICA,
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent