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Richard Weed v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 16-2120 · judgment October 6, 2017

Certiorari denied · May 14, 2018
Pre-decision estimate: 15% cert probability (95% interval 8%–24%)

Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a petition citing three to ten dissents.

Questions presented

  1. Whether a court can invoke an executive agency’s reading of a statute to declare conduct criminal, without asking whether that reading is correct.

  2. Whether the constructive amendment of an indictment—an error this Court has held is “far too serious” to be “dismissed as harmless error”—should be presumed prejudicial for purposes of plain-error review. (i)

Counsel of record

For petitioner
Jeffrey Alan Lamken
MoloLamken LLP

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

Linked docket
17A808

Order
Order list, May 14, 2018 · Certiorari denied

Proceedings

  1. May 14 2018
    Petition DENIED.
  2. Apr 25 2018
    Motion of Cause of Action Institute for leave to file amicus brief not accepted for filing. (April 25, 2018)
  3. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  4. Apr 18 2018
    Waiver of right of respondent United States to respond filed.
  5. Apr 13 2018
    Petition for a writ of certiorari filed. (Response due May 14, 2018)
  6. Jan 31 2018
    Application (17A808) granted by Justice Breyer extending the time to file until April 13, 2018.
  7. Jan 30 2018
    Application (17A808) to extend the time to file a petition for a writ of certiorari from February 13, 2018 to April 13, 2018, submitted to Justice Breyer.
    Main DocumentProof of Service