Glenn Allen Brooks v. United States

Whether a Presidential pardon automatically moots a pending appeal when the defendant has clearly expressed his intent to reject or refuse the pardon and continue pursuing exoneration.

Whether acceptance of a pardon can be imputed to a defendant against his will, extinguishing his appellate rights, in light of this Court’s holding in Burdick v. United States, 236 U.S. 79 (1915), that a pardon carries an imputation of guilt which the recipient is free to reject.

Whether the D.C. Circuit erred in treating the government’s motion under Federal Rule of Criminal Procedure 48(a) to vacate and dismiss a conviction as a basis for denying appellate review, where the petitioner seeks adjudication on the sufficiency of the evidence and vindication of his innocence.

Whether forcing a pardon upon a defendant over his objection violates fundamental due process rights under the Fifth Amendment and deprives him of the liberty interest to choose appellate review of his conviction.