No. 19-6746

Michael Anthony Mitchell v. United States

Lower Court: Fourth Circuit
Docketed: 2019-11-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process equal-protection fair-hearing ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-disparities sentencing-disparity sentencing-review unwarranted-sentence waiver-of-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Does a waiver of direct appeal rights and collateral rights excepting claims premised on ineffective assistance of counsel violate a defendant's due-process rights to a fair hearing when said waiver immunizes the sentencing court from appellate review of a sentence that is clearly unreasonable, unfair and in violation of the prohibition against unwarranted sentencing-disparities?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 1. Does a waiver of direct appeal rights and collateral rights excepting claims premised on ineffective assistance of counsel violate a defendant's "due process” Yights to a fair hearirig when said waiver imminizes the sentencing court from ' appellate review of a sentence that is clearly unreasonable, unfair and in violation -of the prohibition against unwarrantéd ‘sentencing disparities? 2. Does an unjustified disparity between sentences imposed on co-defendants : violate a defendants rights to equal protection and due process?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Waiver of right of respondent United States to respond filed.
2019-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2019)

Attorneys

Michael A. Mitchell
Michael Anthony Mitchell — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent