No. 20-5042

Julian Silva-Aguilar v. United States

Lower Court: Ninth Circuit
Docketed: 2020-07-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States

Question Presented (from Petition)

QUESTIONS PRESENTED In deciding that the defendant’s guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the appeal waiver in the plea agreement, did the Ninth Circuit Court of Appeals establish a far ranging and troubling precedent that is clearly inconsistent with the Supreme Court’s holding in McCarthy v. United States, 394 U.S. 459 (1969)?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Waiver of right of respondent United States of America to respond filed.
2020-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2020)

Attorneys

Julian Silva-Aguilar
Michael J. Bresnehan — Petitioner
Michael J. Bresnehan — Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent