No. 19-6376
Josue Osvaldo Solis v. United States
Tags: appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights
Key Terms:
DueProcess JusticiabilityDoctri
DueProcess JusticiabilityDoctri
Latest Conference:
2019-11-22
Question Presented (AI Summary)
Whether a defendant can knowingly waive the right to appeal his sentence before understanding the right
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW 1. Whether, consistent with the Due Process Clause, a defendant can knowingly waive the right to appeal his sentence when his purported waiver occurs before he can appraise and understand the right he is waiving. 2. Whether, under the rules governing the construction of plea agreements and in light of due process fairness considerations, plea agreements containing provisions purporting to waiver a defendant’s sentence-appeal rights must be strictly construed against the government and against the purported waiver.
Docket Entries
2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-11-01
Waiver of right of respondent United States to respond filed.
2019-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)
Attorneys
Josue Osvaldo Solis
Philip J. Lynch — Law Offices of Phil Lynch, Petitioner
Philip J. Lynch — Law Offices of Phil Lynch, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent