No. 19-5539

Nicholas Gilbert Beattie v. United States

Lower Court: Eighth Circuit
Docketed: 2019-08-09
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a breach of plea agreement; or stated alternatively, whether furnishing argument in opposition to a sentencing recommendation on one hand, while stating on the other hand that they were nevertheless adhering to their recommendation was a breach of the plea agreement

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the prosecutor’s conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a breach of plea agreement; or stated alternatively, whether furnishing argument in opposition to a sentencing recommendation on one hand, while stating on the other hand that they were nevertheless adhering to their recommendation was a breach of the plea agreement. 1

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-08
Brief of respondent United States of America in opposition filed.
2019-11-27
Motion to extend the time to file a response is granted and the time is further extended to and including January 8, 2020.
2019-11-25
Motion to extend the time to file a response from December 9, 2019 to January 8, 2020, submitted to The Clerk.
2019-11-04
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2019.
2019-10-31
Motion to extend the time to file a response from November 12, 2019 to December 9, 2019, submitted to The Clerk.
2019-10-03
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2019.
2019-10-02
Motion to extend the time to file a response from October 11, 2019 to November 12, 2019, submitted to The Clerk.
2019-09-11
Response Requested. (Due October 11, 2019)
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-16
Waiver of right of respondent United States to respond filed.
2019-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Nicholas Gilbert Beattie
Dean Alan StowersStowers & Sarcone PLC, Petitioner
Dean Alan StowersStowers & Sarcone PLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent