rule-11
74 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6431 | Edin Anael Solis-Rodriguez v. United States | Fourth Circuit | 2025-12-23 | Denied | Response WaivedIFP | appellate-review criminal-procedure guilty-plea plain-error-standard rule-11 sentencing | Does a defendant's failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice, not only by subjecting him to the rigorous plain-error s… |
| 25-6167 | Amir Golestan v. United States | Fourth Circuit | 2025-11-19 | Denied | Response WaivedIFP | denaturalization guilty-plea immigration-consequences rule-11 substantial-rights wire-fraud | Whether the failure to give the Rule 11(b)(1)(O) warning affects the substantial rights of a naturalized United States citizen who could be denaturali… |
| 25A540 | Andrew Parker, et al. v. Bill Gates, as a Member of the Maricopa County Board of Supervisors, et al. | Ninth Circuit | 2025-11-10 | Presumed Complete | attorney-conduct due-process election-litigation first-amendment rule-11 sanctions | Question not identified. | |
| 25A379 | Edin Anael Solis-Rodriguez v. United States | Fourth Circuit | 2025-10-02 | Presumed Complete | circuit-split guilty-plea plain-error plea-colloquy rule-11 substantial-rights | Whether, under plain-error review, courts properly consider a defendant's failure to object to a Rule 11 plea colloquy error when determining if that … | |
| 25-276 | Bret Healy v. Supreme Court of South Dakota, et al. | Eighth Circuit | 2025-09-10 | Denied | Response Waived | civil-procedure legal-standard non-signing-party reasonable-inquiry rule-11 sanctions | Federal Rule of Civil Procedure 11 permits a court to sanction represented parties for violations of that rule. In Business Guides, Inc. v. Chromatic … |
| 24A486 | Jeremy Young Hutchinson v. United States | Eighth Circuit | 2024-11-15 | Presumed Complete | ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation | Question not identified. | |
| 24-233 | Johnmack Cohen v. Derek Smith Law Group, PLLC, et al. | Second Circuit | 2024-08-30 | Denied | attorney-conduct bad-faith civil-procedure inherent-powers rule-11 sanctions | 1. Courts must find subjective bad faith to impose sanctions under inherent powers or 28 U.S.C. §1927 ("1927"). Chambers v. NASCO, Inc., 501 U.S. 32 (… | |
| 24-5030 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-07-09 | Denied | Response WaivedIFP | aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 | Was it plain error for a District Court to convict Petitioner on his plea of guilty to a crime never charged in the governing Indictment? When the su… |
| 23-7223 | Daquan Doral Carter v. United States | Fourth Circuit | 2024-04-15 | Denied | Response WaivedIFP | appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing | Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan… |
| 23-888 | Alfredo Felipe Rasco v. United States | Eleventh Circuit | 2024-02-16 | Denied | Response Waived | certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation | Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou… |
| 23-497 | L. Lin Wood v. Gretchen Whitmer, Governor of Michigan, et al. | Sixth Circuit | 2023-11-09 | Denied | Response Waived | attorney-ethics attorney-liability civil-procedure due-process federal-civil-procedure frivolous-pleading of-counsel rule-11 rule-11-sanctions safe-harbor-period sanctions standing | 1. Whether an attorney whose name is designated as "Of Counsel" on the signature page of a frivolous pleading that the attorney did not sign, file, su… |
| 23-486 | Sidney Powell, et al. v. Gretchen Whitmer, Governor of Michigan, et al. | Sixth Circuit | 2023-11-08 | Denied | Amici (1)Response WaivedRelisted (2) | civil-procedure electoral-college first-amendment petition petition-clause rule-11 safe-harbor sanctions | The Sixth Circuit upheld large joint-and-several monetary sanctions and bar-referral sanctions under Rule 11(c)(2) for a complaint against Michigan's … |
| 23-5846 | Jong Whan Kim v. United States | Fourth Circuit | 2023-10-20 | Denied | Amici (1)Response WaivedIFP | circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11 | Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense? |
| 23-5016 | Jonathan Limbrick v. United States | Fifth Circuit | 2023-07-03 | Denied | Response WaivedIFP | abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 | DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. LIMBRI CK'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE … |
| 22-7822 | Darwin Powell v. United States | Fifth Circuit | 2023-06-21 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea | Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 22-7566 | Byron Keith Howard v. United States | Fourth Circuit | 2023-05-16 | Denied | Response WaivedIFP | 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 | 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… |
| 22-7494 | Floyd Ellis Wyche v. United States | Eleventh Circuit | 2023-05-09 | Denied | Response WaivedIFP | appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing | Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a district court conducting a plea colloquy inquire into the defendant's kno… |
| 22-7306 | Keith Thomas v. Bank of America, N.A., et al. | Eleventh Circuit | 2023-04-17 | Denied | Response WaivedIFP | 1st-amendment civil-procedure civil-rights constitutional-rights due-process first-amendment free-speech judicial-procedure rule-11 sanctions seventh-amendment standing | 1. Did the district court improperly apply Rule 11 sanctions against this petitioner basically stripping him of his 1st amendment rights and 7th amend… |
| 22-7272 | Christopher Ernest Martinez v. United States | Fifth Circuit | 2023-04-13 | Denied | Response WaivedIFP | criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court | Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court… |
| 22-7116 | In Re Ramone L. Wright | 2023-03-27 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 | 1D cen a prosecutorenter additionc chorses in an indictment withoot the added counts bang Superceded or returned by the Grand Jry while cnder oxith of… | |
| 22-6845 | Jesus Lopez v. United States | Seventh Circuit | 2023-02-23 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit | Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process? |
| 22-6586 | Reginald Daushawn Earl Tate v. United States | Fourth Circuit | 2023-01-20 | Denied | Response WaivedIFP | brandishing criminal-procedure firearm-brandishing fourth-circuit hobbs-act rule-11 sentencing statutory-interpretation | Whether the United States Court of Appeals properly affirmed the trial court's improper sentencing of the defendant pursuant to 18 U.S.C. §924(c)(1)(A… |
| 22-6348 | Douglas James Schneider v. United States | Eighth Circuit | 2022-12-20 | Denied | Response WaivedIFP | appellate-review court-of-appeals criminal-procedure federal-rules-of-criminal-procedure plain-error procedural-violation rule-11 substantial-rights waiver | Whether the court of appeals erred in holding the failure to object to the violation of Rule 11(c)(1) provides dispositive evidence that the violation… |
| 22-276 | Aparna Vashisht-Rota v. Howell Management Services, et al. | Utah | 2022-09-23 | Denied | Relisted (2) | appellate-review civil-procedure contempt due-process jurisdictional-challenge rule-11 rule-83 safe-harbor vexatious-litigant | 1. Whether application of the contempt analysis associated with Utah R. Civ. P. 11 sanctions to review a Utah R. Civ. P. 83 Vexatious Litigant orde… |
| 22-5365 | David Steve Elias v. United States | Fifth Circuit | 2022-08-17 | Denied | Response WaivedIFP | criminal-procedure mandatory-minimum plain-error retroactivity rule-11 sentencing | I. After Mr. Elias's plea but before his sentencing, the First Step Act amended § 924(c)(1) to clarify that the consecutive mandatory minimum sentence… |
| 22-5103 | Chico Jermell Carraway v. United States | Third Circuit | 2022-07-13 | Denied | Response WaivedIFP | 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing | When a defendant alleges with supporting evidence that he pleaded guilty based on an unkept promise of counsel concerning sentencing, is he entitled t… |
| 21-8045 | Marcellus Overton v. United States | Second Circuit | 2022-06-03 | Denied | Response WaivedIFP | brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez | 1. When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the "mate… |
| 21-7922 | Jason Michael Ehret v. United States | Fifth Circuit | 2022-05-19 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction | Does an uncounseled guilty plea — where defense counsel was suspended and thus "ineligible to practice in federal court" at that time -- constitute a … |
| 21-7866 | Carlos Alberto Zamudio v. United States | Fifth Circuit | 2022-05-13 | Denied | Response WaivedIFP | appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea | Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 21-7723 | Freddie Galan v. United States | Fifth Circuit | 2022-04-27 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review | Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w… |
| 21-1366 | Ashwani Sheoran v. Walmart Stores East, LP, et al. | Sixth Circuit | 2022-04-21 | Denied | Response Waived | appellate-discipline attorney-discipline circuit-split civil-procedure due-process federal-courts federal-procedure notice-requirements rule-11 show-cause-order | Whether Fed. R. Civ. P. 11 requires the specific offending statements, if applicable, to be listed in the show cause order to satisfy proper notice re… |
| 21-6886 | Roberto Martinez-Rivera v. United States | First Circuit | 2022-01-18 | Denied | Response WaivedIFP | actual-innocence constitutional-rights criminal-procedure fair-and-just-reason plea-withdrawal presumption-of-innocence rule-11 | Whether a defendant who enters a plea of guilty, but moves to withdraw such plea prior to sentencing, while at the same time properly articulating a p… |
| 21-5906 | Michael Jerome Pettway v. United States | Sixth Circuit | 2021-10-05 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment | QUESTION NUMBER ONE: Whether Petitioner Pettway's ex-lawyer provided him with ineffective assistance of counsel by failing to object to.Rule 11 (b) … |
| 21-5601 | Abdullah Hamidullah v. United States | Eleventh Circuit | 2021-09-08 | Denied | Response WaivedIFP | colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing | 1. DID. THE DISTRICT'COURT VIOLATE THE DEFENDANT'S SUBSTANTIAL DUE PROCESS RIGHTS DURING THE MANDATORY RULE 11 COLLOGUY? 2. DID THE COURT ERR WHEN TH… |
| 21-5331 | Zachary R. E. Rusk v. Fidelity Brokerage Services | Tenth Circuit | 2021-08-11 | Denied | Response WaivedIFP | circuit-court-review civil-procedure due-process judicial-interference judicial-procedure jurisdictional-challenge rule-11 rule-11-motion rule-60-motion standing timeliness | 1. Did the 1 Oth circuit apply the law incorrectly? 2. Did the 1 Oth Circuit fail to consider evidence and pleadings that show that Petitioner did pr… |
| 21-55 | Genet McCann v. Ward E. Taleff, et al. | Ninth Circuit | 2021-07-15 | Denied | Response Waived | civil-rights court-integrity due-process fraud judicial-integrity judicial-misconduct legal-standards ninth-circuit rule-11 rule-of-law standing vexatious-litigant | 1. Whether the Ninth Circuit 's departure from "the settled course of antecedent principles " in disregard of this Court 's and its own well-establis… |
| 20-1422 | 76 Orinda v. Francisca Moralez | Ninth Circuit | 2021-04-09 | Denied | Response Waived | ada ada-standing attorney-fees circuit-rule civil-procedure ninth-circuit non-compliance rule-11 sanctions serial-litigation standing | 1. Should the Supreme Court adopt, as a national standar d, Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011), to balance the n… |
| 20-1363 | Merit Medical Systems, Inc. v. Nazir Khan, et al. | Federal Circuit | 2021-03-30 | Denied | 35-usc-285 attorney-fees civil-procedure district-court federal-circuit patent patent-infringement rule-11 rule-11-sanctions sanctions section-285 | If this Court determines in Case No. 20-773 that the Federal Circuit erred in affirming the award of attorney fees as sanctions under Rule 11, should … | |
| 20-773 | Nazir Khan, et al. v. Merit Medical Systems Inc., et al. | Federal Circuit | 2020-12-07 | Denied | Response RequestedResponse WaivedRelisted (2) | attorney-fees civil-procedure federal-circuit federal-rules-of-civil-procedure pro-se rule-11 sanctions service-of-process | Whether—in line with holdings from the Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits—a motion for Rule 11 sanctions may be gr… |
| 20-6426 | Jose Farias-Valdovinos v. United States | Eighth Circuit | 2020-11-24 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime | Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri… |
| 19-7991 | Oscar Garcia v. United States | Tenth Circuit | 2020-03-16 | Denied | IFP | article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11 | Whether or not a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent such that it cannot be withdrawn for … |
| 19-7848 | Barton Joseph Adams v. United States | Fourth Circuit | 2020-03-02 | Denied | Response WaivedIFP | binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure | Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence, when the distric… |
| 19-7568 | Theodore Michael Brewster v. United States | Fifth Circuit | 2020-02-05 | Denied | Response WaivedIFP | appellate-review circuit-court-interpretation discretionary-review federal-rules-criminal-procedure federal-rules-of-criminal-procedure fifth-circuit legal-procedure rule-11 supervisory-powers supreme-court-precedent united-states-court-of-appeals | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-7512 | Jose Luis Urias-Marquez v. United States | Fifth Circuit | 2020-01-31 | Denied | Response WaivedIFP | appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation rule-11 supervisory-powers united-states-court-of-appeals united-states-v-lee | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-7265 | Joseph Totoro, II v. United States | Third Circuit | 2020-01-13 | Denied | Response WaivedIFP | criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial | 1. Did the Court, the United States Attorney, and the former attorneys violate DQJ policy and Due Process by allowing him to give up all his rights, … |
| 19-7201 | Casey Lee Jones v. United States | Fifth Circuit | 2020-01-07 | Denied | Response WaivedIFP | appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-criminal-procedure federal-rules-of-criminal-procedure rule-11 supervisory-powers | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-6659 | In Re Arturo Rodriguez Ornalez | 2019-11-20 | Denied | Response WaivedIFP | constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error | WHETHER CONSTITUTION AND STATUTORY PROVISIONS AND RULE 11 VIOLATIONS MAY HAVE RENDERED ARTURO RODRIGUEZ ORNALEZ'S SENTENCE AND CONVICTION CONSTITUTION… | |
| 19-651 | John P. DeRose v. Village of Orland Park, Illinois, et al. | Seventh Circuit | 2019-11-20 | Denied | circuit-split civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure motion-requirements rule-11 safe-harbor safe-harbor-provision sanctions service-of-motion | May a party satisfy the safe-harbor provision of Federal Rule of Civil Procedure 11 by informal communications, the rule applied by Seventh Circuit, o… | |
| 19-6674 | Margarita Mora v. United States | Fifth Circuit | 2019-11-19 | Denied | Response WaivedIFP | appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure rule-11 supervisory-powers | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-6471 | Diego Alonso Lozano-Perez v. United States | Ninth Circuit | 2019-11-01 | Denied | Response WaivedIFP | constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea | Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi… |
| 19-6231 | William Dean Chapman v. United States | Fourth Circuit | 2019-10-16 | Denied | Response WaivedRelisted (2)IFP | aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent | 1) a.Is equitable tolling warranted when access to legal files and resources is severely hampered? Where the 4th Circuit has denied equitable tolling… |
| 19-5949 | Marcelino Martinez v. United States | Fifth Circuit | 2019-09-16 | Denied | IFP | criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights | 1) When a district court violates Rule 11(c)(1) of the Federal Rules of Criminal Procedure by interfering in plea negotiations, can a defendant ordina… |
| 19-5778 | Hosam Maher Husein Smadi v. United States | Fifth Circuit | 2019-09-03 | Denied | Response WaivedIFP | 18-usc-3553a constitutional-rights due-process effective-counsel equal-protection manifest-injustice plea-agreement right-to-effective-counsel rule-11 sentencing sentencing-guidelines supreme-court-precedent | 1). Whether Smadi in this Case would suffer a manifest injustice and an extreme hardship by serving several extra years in prison absent such relief i… |
| 19-270 | Patricia Rodriguez v. LPP Mortgage Ltd., LP | Ninth Circuit | 2019-08-29 | Denied | Response Waived | attorney-fees attorney-sanctions civil-procedure client-advocacy credible-arguments due-process legal-ethics rule-11 sanctions zealous-representation | Whether rule 11 sanctions against attorney Patricia Rodriguez and her law firm should be reversed, as it conflicted with her duty to represent her cli… |
| 19-5522 | Berson Marius v. United States | Eleventh Circuit | 2019-08-08 | Denied | Response WaivedIFP | criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 | WHETHER THE DISTRICT COURT JUDGE CAN ELICITE ADDITIONAL FACTS DURING A FACTUAL PROFFER, AND WHETHER COUNSEL WAS INEFFECTIVE ASSISTANCE OF COUNSEL W… |
| 19-5333 | Charles York Walker, Jr. v. United States | Fourth Circuit | 2019-07-25 | GVR | IFP | abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 | Whether a district court abuses its discretion by determining whether to accept or reject a plea agreement under Rule 11 of the Rules of Criminal Proc… |
| 19-5216 | Nicholas Pagliuca v. United States | Second Circuit | 2019-07-17 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states | Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 18-9304 | Abel De Leon v. United States | Fifth Circuit | 2019-05-16 | Denied | Response WaivedIFP | criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal | Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1), which provides… |
| 18-9206 | Mitchell Felix Brooks v. United States | Fourth Circuit | 2019-05-08 | Denied | Response WaivedIFP | civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts | (1) Whether the District Court Judge abused its discretion in violation pursuant to Rule 11, United States v. McCarthy "62 interrogation questions" ma… |
| 18-8824 | Darren Gonzales v. United States | Tenth Circuit | 2019-04-15 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-law criminal-procedure due-process factual-basis money-laundering plea-bargaining plea-colloquy rule-11 sentencing | After the Court's decision in Cuellar v. United States, does a defendant who merely parrots the language of the concealment money laundering statute s… |
| 18-8724 | In Re Archie Cabello | 2019-04-08 | Denied | Response WaivedIFP | case-law due-process judicial-discretion legal-ethics motions pleadings procedural-rules right-to-counsel rule-11 self-representation | Does a trial judge have any duty to ensure that a defendant's right to counsel of choice is protected? When a defendant asserts his right to self—rep… | |
| 18-8677 | Patrick Lloyd v. United States | Second Circuit | 2019-04-02 | Denied | IFP | circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez | Whether Dominguez BenItez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court… |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule .11(c)(1)(C) plea agreement concerning the return of seized properties and then rely on the agreement's waive… |
| 18-7916 | Jimmy Lee Wren v. Mississippi | Mississippi | 2019-02-12 | Denied | Response WaivedRelisted (2)IFP | cruel-and-unusual-punishment due-process eighth-amendment equal-protection post-conviction-relief rule-11 rule-11-sanctions sanctions sentencing sentencing-hearing | Whether a state court has the right to bar a litigant of having access to the courts? Whether due process violations toll the state's statute of limi… |
| 18-7754 | In Re Archie Cabello | 2019-02-04 | Denied | Response WaivedIFP | case-law criminal-procedure judicial-discretion legal-procedure pleadings right-to-counsel right-to-self-representation rule-11 self-representation | Does a trial judge have any duty to ensure that a defendant's right to counsel of choice is protected? When a defendant asserts his right to self—rep… | |
| 18-7715 | Jose Flores v. United States | Fifth Circuit | 2019-02-01 | Denied | Response WaivedIFP | criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 | Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule… |
| 18-7072 | Kenneth Harper v. United States | Second Circuit | 2018-12-17 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines | Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu… |
| 18-7035 | Eminiano A. Reodica v. United States | Ninth Circuit | 2018-12-14 | Denied | Response WaivedIFP | criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 | Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri… |
| 18-6927 | In Re Jerry Urbina | 2018-12-06 | Denied | IFP | abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation | WHETHER IN LIGHT OF THE SUPREME COURT HOLDING IN HUGHES V. UNITED STATES (CITATIONS OMITTED), THE LOWER COURTS ABUSED THEIR DISCRETION BY DENYING PETI… | |
| 18-6871 | Archie Cabello v. United States District Court for the District of Oregon | Ninth Circuit | 2018-11-28 | Denied | Response WaivedIFP | case-law criminal-procedure due-process judicial-discretion right-to-counsel rule-11 self-representation | Does a Trial Judge have any duty to ensure that a defendants right to counsel of choice is protected? When a defendant asserts his right to self—repr… |
| 18-6667 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2018-11-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto | Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, for plea-related discussions permit th… |
| 18-6447 | Eullis Monroe Goodwin v. United States | Sixth Circuit | 2018-10-26 | Denied | Response WaivedIFP | career-offender criminal-procedure due-process ineffective-assistance rule-11 sentencing sentencing-guidelines strickland-standard strickland-v-washington | Did Counsel ' Failure to properly develope and present Objections to Petitioner's designation as an career offender, render Ineffective Assistance und… |
| 18-6304 | Alex Lenard McCoy v. United States | Fourth Circuit | 2018-10-12 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial | Whether the Defendant's rights under Article III, Section 2 of the United States Constitution for the trial of his crimes by jury in the State where t… |
| 18-6279 | Samuel Kwushue v. United States | Eleventh Circuit | 2018-10-11 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud | Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit… |