Brief filed: 11/29/2021
Jimenez v. United States
6th Circuit Court of Appeals; Case No. 21-520
Decision below United States Distr. Court Eastern District of Kentucky Case No. 5:18-cr-00074 (Jan. 5, 2021)
The Sixth Circuit should join eight of its sister circuits in recognizing that collateral-attack waivers are not valid when their enforcement would result in a miscarriage of justice. Accordingly, the Court should refuse to enforce Mr. Jimenez’s collateral attack waiver to the extent that it precludes him from challenging the district court’s use of an invalid and unconstitutional prior conviction to enhance his sentence.
Benjamin Reese and Kevin Vogel, Flannery Georgalis LLC, Cleveland, OH; Stephen Johnson, NACDL Treasurer, Member of Board of Directors, Sixth Circuit Vice-Chair, Amicus Committee, Ritchie, Davies, Johnson, & Stovall, P.C., Knoxville, TN; Stephanie Kessler, NACDL, Cincinnati, OH.