No. 20-143
Michael Harrison Lowman, Jr. v. United States
Response Waived
Tags: appeal-waiver circuit-split criminal-procedure disparate-treatment due-process judicial-discretion sentencing unreliable-facts
Key Terms:
DueProcess
DueProcess
Latest Conference:
2020-09-29
Question Presented (AI Summary)
Should an appeal waiver that did not expressly waive a due process challenge be enforced where the sentencing court based its sentence on unreliable facts in violation of the defendant's due process rights?
Question Presented (OCR Extract)
QUESTION PRESENTED SHOULD AN APPEAL WAIVER THAT DID NOT EXPRESSLY WAIVE A DUE PROCESS CHALLENGE BE ENFORCED WHERE THE SENTENCING COURT BASED ITS SENTENCE ON UNRELIABLE FACTS IN VIOLATION OF THE DEFENDANT’S DUE PROCESS RIGHTS?
Docket Entries
2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent United States of America to respond filed.
2020-04-06
Petition for a writ of certiorari filed. (Response due September 11, 2020)
2020-02-26
Application (19A869) granted by The Chief Justice extending the time to file until April 4, 2020.
2020-02-21
Application (19A869) to extend further the time from March 5, 2020 to April 4, 2020, submitted to The Chief Justice.
2020-02-03
Application (19A869) granted by The Chief Justice extending the time to file until March 5, 2020.
2020-01-31
Application (19A869) to extend the time to file a petition for a writ of certiorari from February 4, 2020 to March 5, 2020, submitted to The Chief Justice.
Attorneys
Michael Harrison Lowman, Jr.
Wesley Steven White — Law Offices of Wesley S. White, Petitioner
United States of America
Jeffrey B. Wall — Acting Solicitor General, Respondent