No. 25-7348October Term 2025Before Arguments
Jaqwon Davonte Lupe, aka Jaqwon Lupe, Petitioner v. United States
from the United States Court of Appeals for the Ninth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Ninth Circuit.
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 / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Lupe has asked the Supreme Court to review his federal assault conviction after pleading guilty to an assault at a private residence on an Indian reservation. He says he was led to believe that any assault anywhere in Indian country automatically fit the federal assault law, and that his promise not to appeal should not block an innocence claim.
Argument
No oral argument is scheduled. Lupe argues the Ninth Circuit treated Indian country generally as enough for the charge and wrongly enforced his promise not to appeal against his innocence claim.
Impact
The case could affect when the federal government may bring certain criminal charges for conduct on reservations. It also could matter for defendants who promised not to appeal but later say they were legally innocent of the federal charge.
What is the main dispute in Lupe v. United States?
Lupe says he pleaded guilty because he was told an assault anywhere in Indian country fit this federal assault law. He says the law may apply only in a narrower set of places, making his plea invalid.
How could Lupe v. United States affect cases on reservations?
It could affect when federal prosecutors can bring certain assault charges for conduct on reservations. It also could affect whether plea deals can block innocence claims after guilty pleas.
What happens next in Lupe v. United States?
The justices will decide whether to grant certiorari (agree to hear the case). No oral argument is scheduled yet.
Related cases
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
- Jul 23, 2026
- Method
- Methodology