No. 23-5121

Kyle Ross Rivers v. United States

Lower Court: Fifth Circuit
Docketed: 2023-07-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a defendant can waive the right to appeal his sentence before the right has accrued

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a defendant, consistent with the Due Process Clause, can waive the right to appeal his sentence knowingly when his purported waiver occurs before the right has accrued. 2. If such pre-accrual sentence-appeal waivers are constitutionally permissible, may a waiver in a written plea agreement be enforced when the district court failed to advise the defendant of the provision and failed to ensure that he understood its meaning and consequences.

Docket Entries

2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-21
Waiver of right of respondent United States to respond filed.
2023-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2023)

Attorneys

Kyle Ross Rivers
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent