No. 19-6376

Josue Osvaldo Solis v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights
Key Terms:
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. LynchLaw Offices of Phil Lynch, Petitioner
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent