No. 25-7348October Term 2025Petition PendingUpdated Sep 3, 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.
- 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.
Documents
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 3, 2026 | Generated
Brief added: Petition
Apr 30, 2026 | Court records
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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
- Method
- Methodology