No. 21-6888

Ryan Kenneth Richmond, aka Rich v. United States

Lower Court: Fourth Circuit
Docketed: 2022-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Does a criminal defendant's waiver of his right to appeal a within guideline's sentence bar appellate review where the district court used a cross reference for attempted murder guideline by applying the wrong definition of relevant conduct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 5 DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE’S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT USED A CROSS REFERENCE FOR ATTEMPTED MURDER GUIDELINE BY APPLYING THE WRONG DEFINITION OF RELEVANT CONDUCT? II. SHOULD STANDARDS IN ADDITION TO THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PLEA AGREEMENTS? Ill. SHOULD AN APPELLATE COURT ENFORCE A CRIMINAL DEFENDANT'S APPEAL WAIVER WHERE THE SENTENCING COURT USES AN IMPROPER SENTENCING GUIDELINE THAT GREATLY INCREASES THE GUIDELINE SENTENCE EVEN THROUGH THE DEFENDANT RECEIVED NO SUBSTANTIAL BENEFIT FROM THE PLEA BARGAIN? i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-24
Waiver of right of respondent United States to respond filed.
2022-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2022)

Attorneys

Ryan Kenneth Richmond
Michael W. PatrickLaw Office of Michael W. Patrick, Petitioner
Michael W. PatrickLaw Office of Michael W. Patrick, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent