No. 19-7268

Acharayya Rupak v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the district court erred in denying the defendant's request to substitute retained counsel

Question Presented (OCR Extract)

Questions Presented for Review 1. This Court has held that the right to the retained counsel of one’s choice is the “root meaning” of the Sixth Amendment guarantee. Here, the district court denied Rupak’s request to change retained counsel before sentencing because it “wasn’t inclined” to continue the hearing, which had been continued only once before. The Ninth Circuit then recharacterized the court’s ruling as the denial of a continuance. Should this court address the standard of review for the denial of a request to substitute counsel? 2. Rupak pleaded guilty to a crime he did not commit and for which there was no record evidence. The Ninth Circuit, however, did not undertake the required analysis set forth by this Court in United States v. Dominguez-Benitez, instead finding that any error was not plain. Should this Court grant the petition to remind the lower courts that they are obligated to conduct meaningful plain-error review when there is a Rule 11 defect? --prefix-

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-16
Petitioner complied with order of February 24, 2020.
2020-02-24
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 16, 2020, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondent United States to respond filed.
2020-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2020)

Attorneys

Acharayya Rupak
John C. LemonLaw Offices of John C. Lemon, APC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent