No. 23-5016

Jonathan Limbrick v. United States

Lower Court: Fifth Circuit
Docketed: 2023-07-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Fifth Circuit err in finding no abuse of discretion in denying motion to withdraw guilty plea?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT’S DECISION TO DENY MR. LIMBRICK’S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN ABUSE OF DISCRETION? DID THE DISTRICT COURT ERR BY DENYING MR. LIMBRICK’S MOTION TO WITHDRAW HIS PLEA OF GUILTY? HAVE THE COURTS OF APPEALS, BY CREATING CHECKLISTS OF CONSIDERATIONS FOR THE DISTRICT COURTS TO FOLLOW, 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? DOES THE FIFTH CIRCUIT’S OPINION CONTRADICT THIS COURT’S OPINION IN KERCHEVAL V. UNITED STATES, 274 U.S. 220, 224 (1927) ? ii

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-07
Waiver of right of respondent United States of America to respond filed.
2023-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2023)

Attorneys

Jonathan Limbrick
Amy Ruth BlalockBlalock Law Firm, Petitioner
Amy Ruth BlalockBlalock Law Firm, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent