appeal-waivers

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6121 Jemare Ray McNair, aka Head v. United States Fourth Circuit 2023-11-28 Denied Response WaivedIFP appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement Whether career offender status should be subject to appeal waivers in plea agreements where a defendant has a legitimate argument that he was not a ca…
22-7584 Kahliq Williams v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl…
22-5107 Marcus Dwayne Pemberton v. United States Fourth Circuit 2022-07-14 Denied Response WaivedIFP appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines Should standards other than the knowing and voluntary waiver standard of Brady v. United States govern the enforcement of appeal waivers in plea agree…
21-8236 Edward Toliver v. United States Fifth Circuit 2022-06-27 Denied Response WaivedIFP appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application…
18-6763 Luis Antonio Bonilla, Jr. v. United States Fourth Circuit 2018-11-20 Denied Response WaivedIFP appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity What standards should govern the enforcement of appeal waivers in plea agreements?