No. 21-7353

Alejandro Chavarria v. United States

Lower Court: Fifth Circuit
Docketed: 2022-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-waiver criminal-procedure federal-rules-of-criminal-procedure government-estoppel judicial-error plea-agreement rule-32 sentencing
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's failure to correct this error, negates a plea agreement's appellate waiver

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether a trial judge’s erroneous FED. R. CRIM. P. 32()(1)(B) advice regarding the defendant’s right to appeal his sentence, and the Government’s failure to correct this error, negates a plea agreement’s appellate waiver. 2. Whether the Government’s failure to correct the judge’s erroneous FED. R. CrIM. P. 32()(1)(B) advice at sentencing, occurring nearly a year anda half following the Rule 11 guilty plea proceedings, estops the Government from enforcing the waiver. i

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-22
Waiver of right of respondent United States to respond filed.
2022-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2022)

Attorneys

Alejandro Chavarria
Mary Margaret PenroseTexas A&M University School of Law, Petitioner
Mary Margaret PenroseTexas A&M University School of Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent