No. 22-6216

Jonny Shineflew v. United States

Lower Court: Ninth Circuit
Docketed: 2022-12-05
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure guideline-offense integrated-agreement plea-agreement prosecutor prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (AI Summary)

Whether an integrated plea agreement allows the prosecutor to go outside that agreement and urge a sentencing enhancement not integrated into the Agreement?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether an integrated plea agreement that specifically identifies Guideline offense levels and specific offense characteristics on which the parties agree and on which they agree are disputed allows the prosecutor to go outside that agreement and urge a sentencing enhancement not integrated into the Agreement? i

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-09
Waiver of right of respondent United States to respond filed.
2022-12-05
Motion (22M39) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-11-09
MOTOIN (22M39) DISTRIBUTED for Conference of 12/2/2022.
2022-10-28
Motion (22M39) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2023)

Attorneys

Jonny Shineflew
Peter S. SchwedaWaldo, Schweda & Montgomery PS, Petitioner
Peter S. SchwedaWaldo, Schweda & Montgomery PS, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent