No. 21-6955

Erica Umbay v. United States

Lower Court: Ninth Circuit
Docketed: 2022-01-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(8) if the Plea Lacked an Adequate Factual Basis?

Question Presented (from Petition)

ISSUES PRESENTED I. Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(8) if the Plea Lacked an Adequate Factual Basis? II. Whether a Criminal Defendant Can Appeal a Plea if the District Court Advised Her She Could Appeal? III. Whether a District Court Imposes an Unreasonable Sentence by Failing to Adequately Consider the Criminal Defendant’s Drug Addiction as a Mitigating Factor?; Whether Trial Counsel Rendered Ineffective Assistance? ii TOPICAL INDEX Page CONSTITUTIONAL PROVISIONS AND REGULATIONS INVOLVED . 2

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-28
Waiver of right of respondent United States of America to respond filed.
2022-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2022)

Attorneys

Erica Umbay
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent