Joshua Louis Rupp v. United States
DueProcess JusticiabilityDoctri
Whether the government's advocacy for higher sentencing guidelines at sentencing than estimated during plea negotiations renders the plea unknowing and involuntary
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.