No. 22-5107

Marcus Dwayne Pemberton v. United States

Lower Court: Fourth Circuit
Docketed: 2022-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Should standards other than the knowing and voluntary waiver standard of Brady v. United States govern the enforcement of appeal waivers in plea agreements?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 5 SHOULD STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PLEA AGREEMENTS? II. SHOULD AN APPELLATE COURT ENFORCE A_ CRIMINAL DEFENDANT'S APPEAL WAIVER WHERE THE SENTENCING COURT USES AN IMPROPER SENTENCING GUIDELINE THAT SUBSTANIALLY INCREASES THE SENTENCING GUIDELINE? i

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-18
Waiver of right of respondent United States to respond filed.
2022-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2022)

Attorneys

Marcus Pemberton
Michael W. PatrickLaw Office of Michael W. Patrick, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent