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Michael Harrison Lowman, Jr. v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-4103 · judgment November 6, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

SHOULD AN APPEAL WAIVER THAT DID NOT EXPRESSLY WAIVE A DUE PROCESS CHALLENGE BE ENFORCED WHERE THE SENTENCING COURT BASED ITS SENTENCE ON UNRELIABLE FACTS IN VIOLATION OF THE DEFENDANT’S DUE PROCESS RIGHTS?

Counsel of record

For petitioner
Wesley Steven White
Law Offices of Wesley S. White

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A869

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 14 2020
    Waiver of right of respondent United States of America to respond filed.
  4. Apr 06 2020
    Petition for a writ of certiorari filed. (Response due September 11, 2020)
  5. Feb 26 2020
    Application (19A869) granted by The Chief Justice extending the time to file until April 4, 2020.
  6. Feb 21 2020
    Application (19A869) to extend further the time from March 5, 2020 to April 4, 2020, submitted to The Chief Justice.
    Written RequestProof of Service
  7. Feb 03 2020
    Application (19A869) granted by The Chief Justice extending the time to file until March 5, 2020.
  8. Jan 31 2020
    Application (19A869) to extend the time to file a petition for a writ of certiorari from February 4, 2020 to March 5, 2020, submitted to The Chief Justice.
    Main DocumentLower Court Orders/OpinionsProof of Service