No. 25-6389

Kingsley Ita v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-16
Status: Pending
Type: IFP
IFP
Tags: appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (from Petition)

I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing court relies on evidence outside of the case record (i.e., sua sponte recollection of evidence from a co-defendant's trial) without providing prior notice to the defendant?

II. If a challenge is permitted, is the Due Process Clause violated when evidence from outside the record is relied upon by the sentencing judge, especially without prior notice to the defendant?

Question Presented (AI Summary)

Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing court relies on evidence outside of the case record without providing prior notice to the defendant?

Docket Entries

2026-01-12
Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2026.
2026-01-08
Motion to extend the time to file a response from January 15, 2026 to February 17, 2026, submitted to The Clerk.
2025-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2026)

Attorneys

Kingsley Ita
Denton Bryan LessmanLaw Office of Denton B. Lessman, Petitioner
United States
D. John SauerSolicitor General, Respondent