Ryan Kenneth Richmond, aka Rich v. United States
Privacy JusticiabilityDoctri
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?
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