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Ronen Nahmani v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 15-14599-CC · judgment August 11, 2017


Certiorari denied · April 30, 2018
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. The Eleventh Circuit affirmed Petitioner’s federal drug conviction, ruling in conflict with other state and federal courts that failing to charge, or obtain a unanimous verdict on, any controlled substance object of a drug offense is not error because the identity of the drug is not an element of the offense. Is the drug at issue an element of a federal drug offense, and did Petitioner’s conviction violate his Fifth and Sixth Amendment rights where the indictment failed to identify the controlled substance and the jury was not required to unanimously agree on any substance as an object of the drug conspiracy?

  2. Petitioner was sentenced to the statutory maximum of 20 years imprisonment. The Eleventh Circuit declined to review Petitioner’s claim that his guideline range minimum was erroneously set at life imprisonment based on an overstatement of drug quantity, and held that any error was harmless where the corrected guideline minimum, a term of years, would still exceed the statutory maximum. Given the importance of 18 U.S.C. § 3553(a)’s requirement that the sentencing court consider the range of sentencing options available, and given that the maximum sentence should reasonably be reserved for the most culpable offenders, is a significant guideline miscalculation in the imposition of a statutory maximum sentence for a first-time offender harmless error or is reliance on an erroneous calculation in imposing a statutory maximum sentence instead an integral subject of reasonableness review? (i)

Counsel of record

For petitioner
Richard C. Klugh Jr.

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
17A670

Order
Order list, April 30, 2018 · Certiorari denied

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 20 2018
    Brief amici curiae of Aleph Institute, et al. filed. (Distributed)
  3. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  4. Apr 02 2018
    Waiver of right of respondent United States to respond filed.
  5. Mar 22 2018
    Petition for a writ of certiorari filed. (Response due April 25, 2018)
  6. Feb 09 2018
    Application (17A670) granted by Justice Thomas extending the time to file until March 22, 2018.
  7. Jan 17 2018
    Application (17A670) to extend further the time from February 20, 2018 to March 22, 2018, submitted to Justice Thomas.
  8. Jan 03 2018
    Application (17A670) granted by Justice Thomas extending the time to file until February 20, 2018.
  9. Dec 13 2017
    Application (17A670) to extend the time to file a petition for a writ of certiorari from January 22, 2018 to February 20, 2018, submitted to Justice Thomas.