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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
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Sixth Circuit decision below.
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
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, June 5, 2023 · Certiorari denied
Proceedings
- Jun 05 2023Petition DENIED.
- May 16 2023DISTRIBUTED for Conference of 6/1/2023.
- May 09 2023Waiver of right of respondent United States to respond filed.
- Apr 24 2023Petition for a writ of certiorari filed. (Response due May 30, 2023)