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Nancy Martin v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-3045 · judgment July 31, 2023


Certiorari denied · June 24, 2024
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

Federal Rule of Criminal Procedure 11(b)(3) requires a district court to “determine that there is a factual basis” for a guilty plea before accepting it. The Question Presented is whether a plea agreement’s appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis.

Counsel of record

For petitioner
Amanda Kelly Rice
Jones Day

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
23A667

Proceedings

  1. Jun 24 2024
    Petition DENIED.
  2. Jun 04 2024
    DISTRIBUTED for Conference of 6/20/2024.
  3. Jun 04 2024
    Reply of petitioner Nancy Martin filed. (Distributed)
  4. May 17 2024
    Brief of respondent United States in opposition filed.
  5. Apr 15 2024
    Brief amici curiae of Cato Institute, et al. filed.
  6. Apr 11 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.
  7. Apr 09 2024
    Motion to extend the time to file a response from April 17, 2024 to May 17, 2024, submitted to The Clerk.
  8. Mar 14 2024
    Petition for a writ of certiorari filed. (Response due April 17, 2024)
  9. Jan 22 2024
    Application (23A667) granted by Justice Gorsuch extending the time to file until March 14, 2024.
  10. Jan 17 2024
    Application (23A667) to extend the time to file a petition for a writ of certiorari from February 13, 2024 to April 12, 2024, submitted to Justice Gorsuch.