No. 22-7569

Andrew Payton v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his plea agreement with the government, and, if so, what are the limits on the validity and enforceability of such 'appeal waivers'?

Question Presented (OCR Extract)

QUESTION PRESENTED Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court’s yet-to-be-made sentencing errors as part of his plea agreement with the government, and, if so, what are the limits on the validity and enforceability of such “appeal waivers”? ii

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-18
Waiver of right of respondent United States to respond filed.
2023-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Andrew Payton
Celia RhoadsFederal Public Defender - EDLA, Petitioner
Celia RhoadsFederal Public Defender - EDLA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent