Anthony Don Brown v. United States
DueProcess FifthAmendment
Whether a defendant's appeal of a sentence imposed in violation of due process and notice rights is barred by a plea agreement's waiver provision
Questions Presented 1. Under Class v. United States, 138 S.Ct. 798 (2018), when a defendant argues on appeal that his sentence was imposed in violation of his Fifth Amendment right to due process and Sixth Amendment right to notice (in that he had no notice based on pleading to the charged offense that he would later be sentenced for a completely different offense), is the appeal properly barred by a waiver of appeal provision in the plea agreement? 1. When the Government agrees as part of a plea agreement not to: bring any additional charges against the defendant based on the conduct underlying and related to the defendant’s plea of guilty but then agrees with a cross-reference to a completely different offense recommended by the presentencing investigation report — that changes the defendant’s advisory sentencing range from 10-16 months to 70-87 months — has the Government thereby breached the plea agreement? i