No. 22-7494

Floyd Ellis Wyche v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Is the petitioner's conviction appeal waiver valid absent any indication in the plea colloquy that he understood and voluntarily agreed to the waiver?

Question Presented (OCR Extract)

QUESTION PRESENTED Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a district court conducting a plea colloquy inquire into the defendant’s knowing and voluntary waiver, or limited waiver, of the right to appeal from the sentencing decision of the district court. In Class v. United States, 138 8. Ct. 798 (2018), the Court held that where the guilty plea itself does not operate as a waiver of appeal from the unconstitutionality of the conviction, the defendant maintains the right of appeal in the absence of an express agreement waiving that right. Rule 11 has not been amended to require that the district court address conviction appeal waivers. In petitioner’s case, the district court confirmed with petitioner his sentence appeal waiver, but did not address the conviction appeal waiver and made no finding regarding that waiver. The question presented is: Is the petitioner’s conviction appeal waiver valid absent any indication in the plea colloquy that he understood and voluntarily agreed to the waiver? i INTERESTED PARTIES The caption contains the names of all of the parties interested in the proceedings.

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.
2023-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2023)

Attorneys

Floyd Wyche
Richard C. Klugh Jr. — Petitioner
Richard C. Klugh Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent