Ashvinbhai Chaudhari v. United States
DueProcess JusticiabilityDoctri
Whether the decision of the United States Court of Appeals for the Fifth Circuit has so far departed from the accepted and usual course of judicial proceedings on important matters
QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Fifth Circuit (“Fifth Cireuit”)-which held Rule 11 of the Federal Rules of Criminal Procedure had not been violated-has so far departed from the accepted and usual course of judicial proceedings on important matters and, therefore, the decision by the Fifth Circuit calls for an exercise of this Court’s supervisory powers such that a compelling reason is presented in support of discretionary review by this Honorable Court. More specifically, the Fifth Circuit held the plea was not involuntary even though Mr. Chaudhari was not admonished during his guilty plea that he might be ordered to pay restitution and Mr. Chaudhari was ordered to pay approximately $8,900,000 in restitution. Furthermore, the plea bargain led Mr. Chaudhari to believe a motion by the Government for a downward departure would be granted by the District Court and the District Court in fact denied the Government’s motion for a downward departure. Under the circumstances, Mr. Chaudhari submits his plea was involuntary and therefore he requests that this Court grant this petition.