No. 22-7605

Sealed Appellant v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief
Latest Conference: 2023-06-15 (distributed 2 times)
Question Presented (from Petition)

Did the government act in bad faith by denying 18 U.S.C. § 3553(e) relief to Petitioner when, after securing his guilty plea with the promise that it would make a good faith determination whether to make a section 3553(e) motion due to his cooperation, it declined to make the motion based exclusively upon facts it knew at the time of Petitioner's plea?

Question Presented (AI Summary)

Did the government act in bad faith by denying 18-U.S.C.-3553(e) relief to Petitioner

Docket Entries

2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-24
Waiver of right of respondent United States to respond filed.
2023-05-22
Motion (22M105) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2023-05-02
MOTION (22M105) DISTRIBUTED for Conference of 5/18/2023.
2023-02-22
Motion (22M105) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2023-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2023)

Attorneys

Sealed Appellant
Gary Paul BurchamBurcham & Zugman, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent