No. 22-5865

Charles Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2022-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver
Key Terms:
FifthAmendment
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether the Ninth Circuit erred in dismissing the appeal

Question Presented (from Petition)

QUESTION PRESENTED Whether the Ninth Circuit erred in dismissing the appeal when Mr. Smith’s plea agreement contains a count of conviction and resulting sentence that is no longer a crime, and an illegal sentence is a jurisdictional defect that is not waivable? -ii

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Waiver of right of respondent United States to respond filed.
2022-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2022)

Attorneys

Charles Smith
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent