Yesid Avila-Diaz v. United States

Whether an unconditional guilty plea waives appellate review of a preserved claim that the prosecution was barred on the face of the charging record— a claim that goes to the Government’s authority to convict rather than to the defendant’s factual guilt.

Whether the courts of appeals are divided over whether an unconditional guilty plea waives a preserved claim that the government lacked authority to bring.

Whether the court of appeals applied the wrong unit of analysis to the statute-of-limitations claim by examining the Second Superseding Indictment in isolation, when the limitations bar appears on comparison of the successive indictments because the Second Superseding Indictment materially broadened the timely Superseding Indictment and cannot relate back. PARTIES TO THE PROCEEDING The parties to the proceedings in the Eleventh Circuit Court of Appeals include the Respondent, United States of America and Petitioner Yesid Avila-Diaz. There are no parties to the proceedings other than those named in this petition. Pursuant to Rule 29, undersigned court-appointed counsel for Appellant Yesid Avila-Diaz certifies that no persons or entities have an interest in the outcome of this case.