No. 22-7566

Byron Keith Howard v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the defendant's plea of guilty as freely and voluntarily made?

Question Presented (from Petition)

QUESTION PRESENTED Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant’s plea of guilty before the court can accept the defendant’s plea of guilty as freely and voluntarily made? If so, then the petitioner herein had the automatic right to withdraw his plea of guilty pursuant to Fed. R. Crim. P 11 (d)(1) because he was not informed in court of a factual basis until sentencing.

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-18
Waiver of right of respondent United States of America to respond filed.
2023-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Byron Keith Howard
George Entwistle Crump III — Petitioner
George Entwistle Crump III — Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent