Supreme Court Report

Supreme Court of the United States · Official docket →

Jasper Knabb v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-16097 · judgment August 19, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below, and a petition filed soon after the judgment below.

Question presented

Where 28 U.S.C. § 2255 requires a prompt hearing unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, was it error to deny any hearing on the following issue: Whether, as petitioner asserted in an uncontested declaration, he would have rejected a plea deal and gone to trial if he had known that the judge would sentence him to 21 years and 1 month but where, before he accepted the plea deal and pleaded guilty, defense counsel predicted that if he pleaded guilty petitioner “would likely do only months of time,” and where the plea agreement stated an agreed-upon guideline range of 63 to 78 months (level 26).

Counsel of record

For petitioner
John J. E. Markham II
Markham Read Zerner LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 10, 2022 · Certiorari denied

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 01 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Nov 17 2021
    Petition for a writ of certiorari filed. (Response due December 20, 2021)