No. 21-5802

David A. Bridgewater v. United States

Lower Court: Seventh Circuit
Docketed: 2021-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brooklyn-savings-bank compassionate-release contractual-principle department-of-justice first-step-act plea-agreement public-interest statutory-right statutory-waiver
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Does the rule of United States v. Mezzanatto preclude application of the contractual principle expressed in Brooklyn Savings Bank v. O'Neil?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the rule of United States v. Mezzanatto, 513 U.S. 196 (1995), that a statutory right is waivable in a plea agreement absent an affirmative indication by Congress, preclude application of the contractual principle expressed in Brooklyn Savings Bank v. O’Neil, 324 U.S. 697 (1945), “that a statutory right conferred on a private party, but affecting the public interest, may not be waived or released if such waiver or release contravenes the statutory policy”? 2. If the contractual principle from Brooklyn Savings Bank is applicable to plea agreements, is a waiver in a plea agreement drafted by the Department of Justice contrary to the statutory policy of the First Step Act, which removed the sole compassionate release gatekeeping powers from the Department of Justice due to its poor administration of the compassionate release program in the Bureau of Prisons? i

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-19
Waiver of right of respondent United States of America to respond filed.
2021-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2021)

Attorneys

David Bridgewater
Angela J. HillFederal Public Defender for the Southern District of Illinoi, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent