No. 21-5340

Gerald Allen Hiler v. United States

Lower Court: Ninth Circuit
Docketed: 2021-08-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the factual basis of a guilty plea where the district court is required to determine that there is a factual basis for the plea pursuant to Federal Rule of Criminal Procedure 11(b)(3)?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the factual basis of a guilty plea where the district court is required to determine that there is a factual basis for the plea pursuant to Federal Rule of Criminal Procedure 1 1(b)(3)? i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Waiver of right of respondent United States to respond filed.
2021-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2021)

Attorneys

Gerald Allen Hiler
Stephen R. HormelHormel law Office, LLC, Petitioner
Stephen R. HormelHormel law Office, LLC, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent