No. 20-5110

Gabriel Cardona-Ramirez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-conflict collateral-appeal-waiver district-court due-process plea-agreement section-2255 standing sua-sponte
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a district court has authority to raise a collateral-appeal-waiver sua sponte

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW CIRCUIT CONFLICT(split) :WHETHER a district court in a Section 2255 proceeding has the authority to raise a collateral-appeal waiver defense sua _ sponte prior to,or without,informing the parties of the court's intent? WHETHER a collaterall-appeall waiver provision in a plea agreement may be nullified wHere in a froceeding the district court allows for what the waiver prevents and where the government (hereinafter "govt(s)")fails to object to the court's express instruction in the same proceeding?. . WHETHER under the p#esent case circumstances the issue of waiver is debatable in light of this Court's ruling in the above“ presented questions thus entitling the Petitioner to a Certificate Of

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-10
Waiver of right of respondent United States to respond filed.
2020-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

Gabriel Cardona-Ramirez
Gabriel Cardona-Ramirez — Petitioner
Gabriel Cardona-Ramirez — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent