No. 23-6351

Jerome Terry, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2023-12-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure district-court due-process jurisdiction jurisdictional-defect ninth-circuit notice sentencing sentencing-departure upward-departure waiver
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Whether the Ninth Circuit erred in dismissing the appeal

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Ninth Circuit erred in dismissing the appeal when the district court failed to give notice of its intent to depart upwards 147 months and failed to state in open court the reasons for its sentence in violation of Mr. Terry’s right to due process resulting in an illegal sentence which is a jurisdictional defect that is not waivable? -ii

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 25, 2024)

Attorneys

Jerome Terry
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent