ambiguity

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5235 Nohmaan Malik v. United States Fifth Circuit 2024-08-06 Denied Response WaivedIFP ambiguity anders anders-procedure appellate-review circuit-split due-process guideline-commentary kisor kisor-standard Whether the appellate court should have dismissed under Anders and allowed Petitioner to challenge the Guideline commentary as violating due process a…
23-6774 Tremayne Silas v. United States Eighth Circuit 2024-02-16 Denied Response WaivedIFP ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl…
21-1551 Jamar E. Plunkett v. Dan Sproul Seventh Circuit 2022-06-10 Denied ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor
21-8109 Eric Ray Smith v. United States Fifth Circuit 2022-06-09 Denied Response WaivedIFP or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether …
20-1154 Adan Torres-Nieves v. United States Ninth Circuit 2021-02-23 Denied Response Waived 9th-circuit ambiguity ambiguity-resolution defendant defendant-rights government-breach legal-precedent plea-agreement precedent Did the 9th Circuit depart from precedent in failing to resolve ambiguity in favor of defendant in determining government breach of plea agreement?
20-7010 Israel Santiago-Lugo v. United States First Circuit 2021-02-02 Denied Response WaivedIFP ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines Whether the sentence was imposed under U.S.S.G. §201.1(c)
20-6668 Christopher Zamarripa v. United States Fifth Circuit 2020-12-21 Denied IFP ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove…
20-5240 Cynthia Gilmore v. United States Fourth Circuit 2020-07-31 Denied Response WaivedIFP ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull…
19-1149 UPMC, et al. v. United States, ex rel. J. William Bookwalter, III, et al. Third Circuit 2020-03-19 Denied Amici (1)Response Waived ambiguity civil-penalty civil-procedure false-claims-act knowledge knowledge-standard pleading-standard regulatory-ambiguity regulatory-provision scienter treble-damages Whether a plaintiff plausibly alleges scienter—that a defendant knowingly submitted false claims—when the plaintiff does not allege any facts to sugge…
19-7950 Daejerron L. Valentine v. Nebraska Nebraska 2020-03-10 Denied Response WaivedIFP 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search Did the warrantless search of an automobile exceed the scope of the automobile exception?
19-6748 Steven A. Adams v. United States Seventh Circuit 2019-11-26 Denied Response WaivedIFP aiding-and-abetting ambiguity attempt conspiracy controlled-substance controlled-substance-offense criminal-law deference deference-doctrine sentencing-enhancement sentencing-guidelines sentencing-guidelines-manual-4b1.2b statutory-interpretation Whether the term 'controlled substance offense' defined by UNITED STATES SENTENCING GUIDELINES MANUAL § 4B1.2(b) is ambiguous
19-5811 Joe Edger v. United States Eighth Circuit 2019-09-05 Denied Response WaivedIFP ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct Does the phrase 'cited in the defense of conviction' have a specific legal definition?
19-5362 Kasine Deleston v. United States Second Circuit 2019-07-26 Denied Response WaivedIFP and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the …
18-9835 Melvin Perez v. Florida Florida 2019-06-27 Dismissed Response WaivedIFP ambiguity commission-date ends-of-justice primary-offense prior-offense sentencing-scoresheet Can a trial court score an offense as a prior on a sentencing scoresheet if the time of the commission of that offense is subsequent to the time of th…
18-9170 Cynthia Ortiz v. Charles Perry, et al. Tenth Circuit 2019-05-08 Denied Response WaivedIFP 28-usc-1292 abuse-of-discretion ambiguity appellate-jurisdiction civil-procedure district-court injunctive-relief interlocutory-appeal jurisdictional-dispute objections transfer venue-transfer Whether the Tenth Circuit has jurisdiction to consider for Interlocutory Appeal, under 28 U.S.C. § 1292 (a)(1) and (b), denial of Injunctive Relief