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Joshua Louis Rupp v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1240 · judgment January 24, 2023


Certiorari denied · June 5, 2023
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Sixth Circuit split with the Second, and erroneously departed from this Court’s jurisprudence, when it refused to honor the spirit of the plea agreement here, or hold the government to its inducements, and refused to allow Mr. Rupp to withdraw his guilty plea, despite the fact that precedent (in multiple circuits) supports withdrawal of a plea when the government provides one set of sentencing-guideline calculations to induce the plea and then advocates for a higher guideline position at sentencing, rendering that plea unknowing and involuntary.

Counsel of record

For petitioner
Scott Graham
Scott Graham PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 05 2023
    Petition DENIED.
  2. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  3. May 09 2023
    Waiver of right of respondent United States to respond filed.
  4. Apr 24 2023
    Petition for a writ of certiorari filed. (Response due May 30, 2023)