factual-basis
20 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6562 | Derek Jones v. United States | Second Circuit | 2025-02-13 | Denied | Response WaivedIFP | appellate-review circuit-split due-process factual-basis guilty-plea sentencing-guidelines | 1. What are the admissive effects of a defendant's guilty plea? Specifically, does an unconditional guilty plea admit facts alleged in an indictment o… |
| 24A758 | Jonathan Stacy Berrier v. United States | Eighth Circuit | 2025-02-04 | Presumed Complete | criminal-procedure factual-basis interstate-travel plea-agreement sentencing-variance sex-offense | Question not identified. | |
| 24-5580 | Octavius Artis v. United States | Fourth Circuit | 2024-09-19 | Denied | Response WaivedIFP | career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea | Whether the district court erred in sentencing Artis as a career offender where he did not have two prior controlled substance offenses required for a… |
| 24-5285 | Ernesto Alba Vasquez v. United States | Fifth Circuit | 2024-08-08 | Denied | Response WaivedIFP | criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report | Whether a factual basis, that completely lacks facts supporting any of the three elements of the offense charged in the indictment, can be cured by fa… |
| 23-1022 | Nancy Martin v. United States | Tenth Circuit | 2024-03-18 | Denied | Amici (1) | appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining | 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 … |
| 23-537 | Faisal Ashraf, aka Sal v. United States | Ninth Circuit | 2023-11-20 | Denied | Amici (1) | appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement | Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree… |
| 23-5205 | Steven Lesane v. United States | Second Circuit | 2023-07-26 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation | I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea where 1) there was an insufficient… |
| 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… |
| 22-7272 | 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… |
| 21-6602 | Brandon Christian v. Scott Crow, Director, Oklahoma Department of Corrections | Tenth Circuit | 2021-12-14 | Denied | IFP | criminal-procedure due-process factual-basis habeas-corpus plea-bargaining plea-validity sentencing statutory-interpretation | In petitioner §2254 petition, Petitioner raises this question of error? The plea was not entered knowingly and voluntarily because the trial court fa… |
| 21-5340 | Gerald Allen Hiler v. United States | Ninth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing | Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 20-8122 | Andi Mustafa v. Michigan | Michigan | 2021-05-25 | Denied | IFP | criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant | Is Plaintiff entitled to withdraw his no contest plea when he was not interrogated by the judge to determine the factual basis for his plea and the Ju… |
| 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… |
| 20-5768 | RaySean D. Barber v. Todd Wasmer, Warden | Eighth Circuit | 2020-09-28 | Denied | IFP | criminal-procedure due-process effective-assistance-of-counsel factual-basis information motor-vehicle-operation plea-colloquy proximate-cause | Was Appellant denied Due Process of Law and Effective Assistance of Counsel where the charging document (information) did not include within the state… |
| 20-5042 | Julian Silva-Aguilar v. United States | Ninth Circuit | 2020-07-13 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent | In deciding that the defendant's guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the … |
| 19-5767 | Virgil Lee Bailey v. United States | Fifth Circuit | 2019-08-30 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana | I. Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana,… |
| 19-5411 | Kirk Patrick Keshler v. United States | Fifth Circuit | 2019-07-31 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process factual-basis harmless-error judicial-review plain-error plea-bargaining plea-sufficiency standard-of-review sullivan-v-louisiana | Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 50… |
| 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… |
| 18-6563 | Jesus R. Gonzalez-Negron v. United States | First Circuit | 2018-11-06 | Denied | IFP | criminal-law criminal-statute drug-trafficking due-process factual-basis firearm-possession firearms guilty-plea machine-gun-possession plea-bargaining statutory-interpretation | Is evidence of a loaded machine gun and drugs within a person's residence an adequate factual basis to support a guilty plea to possession of a firear… |
| 18-5980 | Shelton Denoria Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-09-14 | Denied | IFP | 28-U.S.C-2254(e)(2) 28-usc-2254 diligence evidentiary-hearing factual-basis fair-trial federal-court federal-procedure fourteenth-amendment habeas-corpus sixth-amendment state-court state-court-review | (1) In a federal habeas corpus proceeding where the state court did not hold a hearing or receive evidence to adjudicate facts on a claim, has the hab… |