No. 22-1043

Joshua Louis Rupp v. United States

Lower Court: Sixth Circuit
Docketed: 2023-04-27
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split due-process government-inducement plea-bargaining plea-withdrawal sentencing-guidelines
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether the government's advocacy for higher sentencing guidelines at sentencing than estimated during plea negotiations renders the plea unknowing and involuntary

Question Presented (OCR Extract)

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 calculations to induce the plea and then advocates for a higher guideline position at sentencing, rendering that plea unknowing and involuntary.

Docket Entries

2023-06-05
Petition DENIED.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States to respond filed.
2023-04-24

Attorneys

Joshua Louis Rupp
Scott GrahamScott Graham PLLC, Petitioner
Scott GrahamScott Graham PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent