No. 19-6576

James Marvin Reed v. United States

Lower Court: Eighth Circuit
Docketed: 2019-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: blackledge-v-perry circuit-court-review district-court district-court-power eighth-circuit guilty-plea jurisdictional-challenge penson-review subject-matter-jurisdiction united-states-v-cotton waiver
Key Terms:
Immigration
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the Eighth Circuit erred in ruling that the defendant waived his jurisdictional challenge by pleading guilty, despite the well-settled principle that subject-matter jurisdiction cannot be waived

Question Presented (OCR Extract)

QUESTIONS PRESENTED It is well settled that subject-matter jurisdictional challenges cannot be waived. The Eighth Circuit ruled that Reed's jurisdictional challenge(s) were “foreclosed by his guilty plea." Did the Eighth Circuit err in it's Penson review, when it ruled --without merits briefing-that Reed waived 'the very power of the' District Court to hear his case? Class V. United States, 138 S. Ct. 798, 800 (2017) ; , United States V. Cotton, 535 U.S. 625, 630 (2002) Blackledge V. Perry, 417 Us. 21, 30 (1974)

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-19
Waiver of right of respondent United States to respond filed.
2019-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2019)

Attorneys

James Marvin Reed
James M. Reed — Petitioner
James M. Reed — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent