No. 25-6142

John Elwood Tyrone Martin v. United States

Lower Court: Fourth Circuit
Docketed: 2025-11-17
Status: Pending
Type: IFP
IFP
Tags: appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error
Key Terms:
HabeasCorpus
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether the mandate rule precludes a district court from considering a defendant's motion to withdraw a guilty plea after a court of appeals remands for resentencing

Question Presented (OCR Extract)

I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a defendant’s subsequently filed motion to withdraw his guilty plea that raises matters not considered or decided by the court of appeals? II. As in Hunter v. United States, No. 24 -1063, in which this Court recently granted certiorari, should this Court likewise grant certiorari to address the Fourth Circuit’s enforcement of a written appeal waiver in Mr. Martin’s plea agreement where the sentencing judge advised him that he had a right to appeal and the government did not object?

Docket Entries

2026-02-05
DISTRIBUTED for Conference of 2/20/2026.
2026-01-16
Memorandum of respondent United States filed.
2025-12-15
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
2025-12-11
Motion of United States for an extension of time submitted.
2025-12-11
Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
2025-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2025)
2025-10-06
Application (25A390) granted by The Chief Justice extending the time to file until November 14, 2025.
2025-09-23
Application (25A390) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to The Chief Justice.

Attorneys

John Elwood Tyrone Martin
Michelle Ann LiguoriEllis & Winters LLP, Petitioner
Michelle Ann LiguoriEllis & Winters LLP, Petitioner
Michelle Ann LiguoriEllis & Winters LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent