No. 22-7480

Elbert Silas v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver constitutional-provisions criminal-procedure due-process index-of informed-consent procedural-rights reason-for-granting-the-writ sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether Mr. Silas's due process rights were violated

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Mr. Silas's due process rights were violated by the enforcement of the appeal waiver when Mr. Silas was not advised and did not know that he was agreeing to waive his right to appeal an alleged mistake in the application of the sentencing guidelines. i

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-12
Waiver of right of respondent United States to respond filed.
2023-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2023)

Attorneys

Elbert Silas
Michael V. Cory Jr.Danks Miller & Cory, Petitioner
Michael V. Cory Jr.Danks Miller & Cory, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent