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No. 25-7348October Term 2025Petition PendingUpdated Sep 3, 2026

Docket 25-7348October Term 2025 (2025–2026)

Jaqwon Davonte Lupe v. United States

Jaqwon Davonte Lupe, Petitioner v. United States

Jaqwon Lupe asks the Supreme Court to review his federal assault conviction for conduct at a private residence on an Indian reservation.

Case status

Current stage
Petition Pending
Latest event
Petition pending
Next
Awaiting an order on the petitionNo decision timeline until the Court agrees to hear the case.
Petition PendingNot granted
ArgumentsNot scheduled
Decision ReleasedNot scheduled
What it's about

Jaqwon Lupe asks the Supreme Court to review his federal assault conviction for conduct at a private residence on an Indian reservation. He argues that the federal courts lacked the required territorial jurisdiction, that this misunderstanding made his guilty plea invalid, and that his appeal waiver should not bar his claim of actual innocence.

Question presented

1. Whether, in view of Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022), “Indian country” in 18 U.S.C. §§ 1151 & 1153 is no longer coterminous with the “special maritime and territorial jurisdiction of the United States.”? 2. Whether the Ninth Circuit erred by ruling that petitioner’s guilty plea was knowing, voluntary, and intelligent when the record clearly reveals that petitioner erroneously was led to believe that he was guilty of violating 18 U.S.C. §§ 113(b)(3) & 1153 merely because his assault occurred in Indian country generally as opposed to occurring at a specific location in Indian country within the “special maritime and territorial jurisdiction of the United States.”? 3. Whether the Ninth Circuit erred by concluding that petitioner’s actual innocence of the charge under 18 U.S.C. §§ 113(b)(3) & 1153 is not an exception to the general rule requiring enforcement of a waiver-of-appeal provision in a plea agreement.

Case path

United States Court of Appeals for the Ninth Circuit / Petition pending

Area

Petition for review pending

Briefing

What it's about

Jaqwon Davonte Lupe asks the Supreme Court to review whether federal assault law applied to an incident at a private residence on an Indian reservation. He argues his guilty plea rested on a mistaken view that any assault in Indian country was covered, while the Ninth Circuit found his plea valid and did not treat his innocence claim as an exception to his appeal waiver.

Argument

The case is pending, and oral argument has not been scheduled. Lupe argues that the statutes required the assault to occur within special maritime and territorial jurisdiction, a category of places where federal criminal law applies, not simply anywhere in Indian country.

Impact

The case could affect people charged with federal crimes for conduct on reservations, including someone who pleaded guilty based on where an incident occurred. It also could clarify when an appeal waiver can be challenged by a person claiming the charged conduct was not a federal crime.

What's next

The Court may act on Lupe's petition for certiorari, meaning its decision whether to hear the case. If it agrees to review the case, it could schedule briefing and oral argument; no decision window is set.

What is at stake in Lupe v. United States?

The case asks whether an assault in Indian country automatically falls under the federal statutes used to convict Lupe. It also concerns whether his appeal waiver blocks his innocence claim.

Who could be affected by the Lupe case?

People charged with federal crimes for conduct on reservations could be affected. The case may clarify which locations fall within federal criminal jurisdiction.

What happens next in Lupe v. United States?

The Supreme Court will decide whether to hear the case. Oral argument has not been scheduled, and no decision timing has been set.

Activity

Docket activity2
  • AI analysis generated: Case Briefing

    Sep 3, 2026 | Generated

  • Brief added: Petition

    Apr 30, 2026 | Court records

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Sep 3, 2026
Primary materials5
Context reporting3