No. 23-1022

Nancy Martin v. United States

Lower Court: Tenth Circuit
Docketed: 2024-03-18
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-06-20
Question Presented (AI Summary)

Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis

Question Presented (OCR Extract)

QUESTION PRESENTED Federal Rule of Criminal Procedure 11(b)(3) requires a district court to “determine that there is a factual basis” for a guilty plea before accepting it. The Question Presented is whether a plea agreement’s appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis.

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-06-04
2024-05-17
Brief of respondent United States in opposition filed.
2024-04-15
2024-04-11
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.
2024-04-09
Motion to extend the time to file a response from April 17, 2024 to May 17, 2024, submitted to The Clerk.
2024-03-14
2024-01-22
Application (23A667) granted by Justice Gorsuch extending the time to file until March 14, 2024.
2024-01-17
Application (23A667) to extend the time to file a petition for a writ of certiorari from February 13, 2024 to April 12, 2024, submitted to Justice Gorsuch.

Attorneys

Cato Institute, Wilson Institute, Jonas Foundation & NACDL
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Nancy Martin
Amanda Kelly RiceJones Day, Petitioner
Amanda Kelly RiceJones Day, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent