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Charles Vernon Herbert v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-4626 · judgment August 15, 2017

Certiorari denied · March 5, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Are a criminal defendant’s Fifth and Sixth Amendment rights violated when he pleads guilty to one conspiracy but is sentenced for a distinct but similar conspiracy, where both conspiracies share one common member?

Counsel of record

For petitioner
Providence E. Napoleon
Allen & Overy LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 05 2018
    Petition DENIED.
  2. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  3. Feb 08 2018
    Waiver of right of respondent United States to respond filed.
  4. Feb 01 2018
    Petition for a writ of certiorari filed. (Response due March 5, 2018)