No. 21-8201

Judel Espinoza-Gonzalez v. United States

Lower Court: Ninth Circuit
Docketed: 2022-06-22
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: appellate-waiver constitutional-violation conviction-review criminal-procedure district-court-authority due-process jurisdictional-challenge mandatory-minimum mandatory-sentence sentencing unconstitutional-conviction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-12-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a court can summarily enforce an appellate waiver to bar motions to vacate convictions and mandatory prison sentences under 18 U.S.C. § 924(c) for which the district court lacked authority to enter a judgment of conviction

Question Presented (OCR Extract)

question presented is whether a court can summarily enforce an appellate waiver to bar motions to vacate convictions and mandatory prison sentences under 18 U.S.C. § 924(c) for which the district court lacked authority to enter a judgment of conviction. I. For convictions and sentences to stand, they must not violate the constitution. Challenges to illegal convictions under 18 U.S.C. § 924(c) necessarily encompass illegal, mandatory, consecutive sentences. The second question presented is whether courts can deny a motion to vacate an unconstitutional conviction and mandatory prison sentence under 18 U.S.C. § 924(c) by concluding the challenge only pertains to the illegal conviction, not the illegal sentence, and is thus summarily barred by an appellate waiver. ii

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-21
Reply of petitioners Judel Espinoza-Gonzalez, et al. filed. (Distributed)
2022-11-07
Brief of respondent United States in opposition filed.
2022-09-20
Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022.
2022-09-19
Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
2022-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2022.
2022-08-30
Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
2022-08-08
Response Requested. (Due September 7, 2022)
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-07-01
Waiver of right of respondent United States to respond filed.
2022-06-17

Attorneys

Judel Espinoza-Gonzalez, et al.
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent