No. 21-5937

Odilon Martinez-Rojas v. United States

Lower Court: Second Circuit
Docketed: 2021-10-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a plea agreement’s appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure that deprives the defendant of his Sixth Amendment right to counsel and Fifth Amendment due process, where the government was permitted to submit its only proof of a guidelines enhancement after sentence was imposed. i

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent United States to respond filed.
2021-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2021)

Attorneys

Odilon Martinez-Rojas
Ines de Crombrugghe McGillionInes McGillion Law Offices, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent