No. 22-7822
Darwin Powell v. United States
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
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. Lynch — Law Offices of Phil Lynch, Petitioner
Philip J. Lynch — Law Offices of Phil Lynch, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent