No. 20-5577

Malik Timbers v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable

Question Presented (from Petition)

QUESTIONS PRESENTED I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN FINDING THAT TIMBERS’ GUILTY PLEA WAS VOLUNTARY AND THE SENTENCE-APPEAL WAIVER ENFORCEABLE. Il. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN DENYING TIMBERS’ OBJECTION TO THE ENHANCEMENT FOR DANGEROUS WEAPON AND THE ENHANCEMENT FOR THREAT OF USE OF VIOLENCE. I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN DENYING TIMBERS’ REQUEST FOR A MINOR ROLE REDUCTION. IV. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN DENYING TIMBERS’ REQUEST FOR A VARIANCE. i V. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED TIMBERS’ SENTENCE WHERE TIMBERS’ SENTENCE WAS UNREASONABLE IN LIGHT OF THE STATUTORY SENTENCING FACTORS LISTED IN 18 U.S.C. §3553(A)-(F) AND PRINCIPLES APPLIED BY THE ADVISORY FEDERAL SENTENCING GUIDELINES. i

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-16
Waiver of right of respondent United States to respond filed.
2020-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

Malik Timbers
David Jonathon JoffeJoffe Law, P.A., Petitioner
David Jonathon JoffeJoffe Law, P.A., Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent