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Rene A. Boucher v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5683 · judgment September 9, 2019

Certiorari denied · April 20, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the government waive its right to appeal the defendant’s sentence when it expressly agreed that the defendant would be free to argue for a below-guideline sentence at the sentencing hearing, and the trial court thereafter imposed a perfectly lawful, below-guideline sentence?

  2. Does the government waive its right to appeal when the defendant expressly waives his right to appeal as part of his plea agreement?

  3. When the defendant serves and completes each and every aspect of a perfectly lawful sentence, is the resentencing barred by the Double Jeopardy and/or Due Process Clauses of the Fifth Amendment?

Counsel of record

For petitioner
Matthew James Baker
Law Office of Matthew J. Baker

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 20 2020
    Petition DENIED.
  2. Mar 25 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 17 2020
    Reply of petitioner Rene Boucher filed.
  4. Mar 09 2020
    Brief of respondent United States in opposition filed.
  5. Jan 31 2020
    Motion to extend the time to file a response from February 7, 2020 to March 9, 2020, submitted to The Clerk.
  6. Jan 31 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2020.
  7. Jan 02 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2020.
  8. Dec 31 2019
    Motion to extend the time to file a response from January 8, 2020 to February 7, 2020, submitted to The Clerk.
  9. Dec 09 2019
    Response Requested. (Due January 8, 2020)
  10. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  11. Nov 19 2019
    Waiver of right of respondent United States to respond filed.
  12. Nov 08 2019
    Petition for a writ of certiorari filed. (Response due December 13, 2019)