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Damion Kentrell White v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-10595 · judgment November 10, 2022


Certiorari denied · March 20, 2023
Pre-decision estimate: 2% cert probability

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

Question presented

Whether due process requires that a provision in a plea agreement waiving the right to file a motion to vacate sentence under 28 U.S.C. § 2255 be construed as containing an exception that allows a motion challenging a sentence that exceeds the statutory maximum.

Counsel of record

For petitioner
Philip J. Lynch
Law Offices of Phil Lynch

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 20 2023
    Petition DENIED.
  2. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  3. Feb 23 2023
    Waiver of right of respondent United States to respond filed.
  4. Feb 07 2023
    Petition for a writ of certiorari filed. (Response due March 13, 2023)