No. 21-5404

Maria Teresa Duarte Godinez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

whether the appellate court erred in enforcing the waiver keeping the defendant from appealing her sentence in violation of her due process rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW The two questions presented are (1) whether the appellate court erred when it enforced the waiver keeping the Defendant from appealing her sentence in violation of her due process rights, and (2) whether the district court erred when it failed to account for the need to avoid unwarranted sentence disparities among similarly situated defendants, leading to an untenable sentencing disparity in this case. ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-20
Waiver of right of respondent United States to respond filed.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2021)

Attorneys

Godinez
Peter BarrettP&W Barrett Lawyers, Petitioner
USA
Brian H. FletcherActing Solicitor General, Respondent