No. 20-6299

Brayan Jassiel Leyva-Peraza v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-conflict circuit-split discretionary-review due-process judicial-discretion knowing-and-voluntary plea-agreement supervisory-powers unconscionability
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the plea agreement was unconscionable and the plea was knowing and voluntary

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Fifth Circuit (“Fifth Cireuit”)-which held the plea agreement in this case was not unconscionable and the plea thereto was knowing and voluntary—conflicts with the decisions of this Court on an important matter 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. Furthermore, whether the decision of the Fifth Circuit on the above issues was in conflict with other appellate courts 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.

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Waiver of right of respondent United States of America to respond filed.
2020-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

Brayan Leyva-Peraza
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent