No. 20-7705
Marco Antonio Serrano v. United States
Response WaivedIFP
Tags: appellate-waiver career-offender district-court-error due-process mandatory-application plea-agreement sentencing-enhancement sentencing-guidelines sixth-amendment
Key Terms:
DueProcess JusticiabilityDoctri
DueProcess JusticiabilityDoctri
Latest Conference:
2021-05-13
Question Presented (AI Summary)
Can a plea agreement that includes an appellate waiver lawfully deprive a defendant of his right to appeal a sentence that was based on the district court's erroneous mandatory application of a sentencing enhancement under the United States Sentencing Guidelines?
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW 1. Can a plea agreement that includes an appellate waiver lawfully deprive a defendant of his right to appeal a sentence that was based on the district court’s erroneous mandatory application of a sentencing enhancement under the United States Sentencing Guidelines?
Docket Entries
2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-19
Waiver of right of respondent United States of America to respond filed.
2021-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2021)
Attorneys
Marco Antonio Serrano
Mark R. DeVan — Berkman. Gordon, Murray & DeVan, Petitioner
Mark R. DeVan — Berkman. Gordon, Murray & DeVan, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent