No. 23-6405

Brian K. Allen v. United States

Lower Court: Eighth Circuit
Docketed: 2024-01-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure
Latest Conference: 2024-02-16
Question Presented (from Petition)

1. Whether the near consensus Federal Circuit Courts of Appeals'
application of plea agreement appeal waivers as to subsequent
sentencing proceedings, where neither PSR nor evidentiary hearing has
been compiled or conducted at the time of waiver, violates fundamental
due process rights of defendants entering such waivers and whether
such waivers inherently are neither knowing or intelligent.

Question Presented (AI Summary)

Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings, where neither PSR nor evidentiary hearing has been compiled or conducted at the time of waiver, violates fundamental due process rights of defendants entering such waivers and whether such waivers inherently are neither knowing or intelligent

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-26
Waiver of right of respondent United States to respond filed.
2023-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2024)

Attorneys

Brian Allen
Jeremy B. LowreyJeremy B Lowrey, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent