No. 19-6421

Ralph Herman Fox, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fairness government-misconduct judicial-discretion plea-agreement plea-bargaining public-policy sentencing statutory-maximum supervisory-powers
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the district court violated due process and public policy by imposing the statutory maximum sentence despite the government's plea agreement to recommend a lower sentence

Question Presented (OCR Extract)

Question Presented Whether in affirming the imposition of the statutory maximum sentence of 360 months on Ralph Fox, where (1) Petitioner Fox entered a guilty plea and (2) the government agreed to recommend a sentence of 240 months, the Eleventh Circuit Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, and sanctions such a departure by the district court, as to call for the exercise of this Court’s supervisory powers in that: It violates every notion of fairness, due process, and common sense, and also violates crucial public policy considerations, for the district court to impose the statutory maximum sentence (360 months) on a defendant who entered into a plea agreement with the government, where the record shows that in exchange for the guilty plea, the experienced and highly-qualified Assistant United States Attorney agreed to, and in fact did recommend a sentence of no more than 240 months? i

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Waiver of right of respondent The United States of America to respond filed.
2019-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2019)

Attorneys

Ralph Fox
Sheryl Joyce LowenthalSheryl J. Lowenthal, Attorney at Law, Petitioner
The United States of America
Noel J. FranciscoSolicitor General, Respondent