No. 22-7822

Darwin Powell v. United States

Lower Court: Fifth Circuit
Docketed: 2023-06-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty plea

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the “fair and just reason” standard that Federal Rule of Criminal Procedure 11(d)(2)(B) sets for evaluating a defendant’s request to withdraw a guilty plea.

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-05
Waiver of right of respondent United States to respond filed.
2023-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2023)

Attorneys

Darwin Powell
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent