No. 19-8694

Joseph D. Rouse v. United States

Lower Court: Sixth Circuit
Docketed: 2020-06-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-851 appeal-waiver appellate-review due-process mandatory-minimum notice-requirement plea-agreement sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does the express language of 21 U.S.C. § 851 require prior written notice of the particular conviction the government seeks to use to enhance a mandatory minimum sentence

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does the express language of 21 U.S.C. § 851 requiring prior written notice of the particular conviction the government seeks to use to enhance a mandatory minimum sentence grant the government an implicit right to change the particular conviction post-plea and without the defendant’s consent Is appellate review of the above question precluded by an appeal waiver which exclusively provides “the defendant retains the right to appeal a sentence imposed above the sentencing guideline range determined by the Court or above any mandatory minimum sentence deemed applicable by the Court, whichever is greater” ii

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-22
Waiver of right of respondent United States to respond filed.
2020-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2020)

Attorneys

Joseph Rouse
Wesley D. Stone — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent