No. 19-5636

Roger Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver due-process first-amendment overbreadth-doctrine plea-bargain procedural-bar special-condition special-conditions waiver-of-appeal
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does a waiver of appeal procedurally bar a petitioner's appeal arguing that a special condition prohibiting the viewing of sexual material is unconstitutionally vague and overbroad?

Question Presented (from Petition)

QUESTION PRESENTED 1. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner’s appeal to the Fifth Circuit wherein he argues that the special condition that prohibits the “viewing” of sexual material: (a) offends his right to due process because it is too vague; and (b) violates the First Amendment and the Overbreadth Doctrine. 2. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner’s appeal to the Fifth Circuit wherein he argues that the application of said special condition violated his right to due process, by legally requiring him to comply with counseling — ostensibly intended to help him overcome the urge to re-offend — but, then revoking his release because he admitted to his counselor that he had watched the Playboy channel? 3. Is the application of the waiver of appeal in these circumstances unconscionable and does it violate basic fairness and traditional contract principles? 2

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-23
Waiver of right of respondent United States of America to respond filed.
2019-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2019)

Attorneys

Roger Garcia
Oscar Osmar PenaOsmar O. Pena Law, PLLC, Petitioner
Oscar Osmar PenaOsmar O. Pena Law, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent