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Edward Boyer v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 16-1187 · judgment October 16, 2017

Certiorari denied · March 26, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a First Circuit decision below and a circuit split argued in the petition.

Questions presented

  1. Does a drug-conspiracy defendant - having executed a Rule 11(c)(1)(C) plea agreement in which he waives appeal of sentence, reserves his right to challenge the government’s drug-quantity estimate at sentencing, and reserves "all rights" arising from application of the United States Sentencing Guidelines - preserve his right to appeal an erroneous drug quantity determination?

  2. Does a drug-conspiracy defendant - having executed a Rule 11(c)(1)(C) plea agreement in which he waives appeal of sentence, reserves his right to challenge the government’s drug-quantity estimate at sentencing, and reserves "all rights" arising from application of the United States Sentencing Guidelines - preserve his right to appeal of sentence where the sentencing court makes no finding of the drug quantity reasonably foreseeable by the defendant individually and instead shifts to the defendant the drug quantity attributable to the conspiracy as a whole?

Counsel of record

For petitioner
Lisa Ann Goldblatt
The Goldblatt Law Firm, PLLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Feb 27 2018
    Waiver of right of respondent United States to respond filed.
  4. Feb 13 2018
    Petition for a writ of certiorari filed. (Response due March 22, 2018)