No. 19-611

Rene A. Boucher v. United States

Lower Court: Sixth Circuit
Docketed: 2019-11-13
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights
Key Terms:
FifthAmendment DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (AI Summary)

Did the government waive its right to appeal the defendant's sentence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Did the government waive its right to appeal the defendant’s sentence when it expressly agreed that the defendant would be free to argue for a below-guideline sentence at the sentencing hearing, and the trial court thereafter imposed a perfectly lawful, below-guideline sentence? 2. Does the government waive its right to appeal when the defendant expressly waives his right to appeal as part of his plea agreement? 3. When the defendant serves and completes each and every aspect of a perfectly lawful sentence, is the resentencing barred by the Double Jeopardy and/or Due Process Clauses of the Fifth Amendment? u PARTIES TO PROCEEDINGS Pursuant to Rule 14.1(b) of the Supreme Court Rules, the

Docket Entries

2020-04-20
Petition DENIED.
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-17
Reply of petitioner Rene Boucher filed.
2020-03-09
Brief of respondent United States in opposition filed.
2020-01-31
Motion to extend the time to file a response from February 7, 2020 to March 9, 2020, submitted to The Clerk.
2020-01-31
Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2020.
2020-01-02
Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2020.
2019-12-31
Motion to extend the time to file a response from January 8, 2020 to February 7, 2020, submitted to The Clerk.
2019-12-09
Response Requested. (Due January 8, 2020)
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-19
Waiver of right of respondent United States to respond filed.
2019-11-08
Petition for a writ of certiorari filed. (Response due December 13, 2019)

Attorneys

Rene Boucher
Matthew James BakerLaw Office of Matthew J. Baker, Petitioner
Matthew James BakerLaw Office of Matthew J. Baker, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent