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John Elwood Tyrone Martin v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 24-4433 · judgment July 17, 2025
Question presented
I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a defendant’s subsequently filed motion to withdraw his guilty plea that raises matters not considered or decided by the court of appeals? II. As in Hunter v. United States, No. 24-1063, in which this Court recently granted certiorari, should this Court likewise grant certiorari to address the Fourth Circuit’s enforcement of a written appeal waiver in Mr. Martin’s plea agreement where the sentencing judge advised him that he had a right to appeal and the government did not object? PARTIES TO THE PROCEEDING Petitioner, defendant-appellant below, is John Elwood Tyrone Martin. Respondent, appellee, below, is the United States of America.
Counsel of record
For petitioner
Kelly Margolis Dagger
Ellis & Winters LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 29 2026Petition DENIED.
- Jun 22 2026DISTRIBUTED for Conference of 6/25/2026.
- Feb 05 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 16 2026Memorandum of respondent United States filed.
- Dec 15 2025Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
- Dec 11 2025Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
- Nov 13 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2025)
- Oct 06 2025Application (25A390) granted by The Chief Justice extending the time to file until November 14, 2025.
- Sep 23 2025Application (25A390) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to The Chief Justice.