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United States v. Rene Sanchez-Gomez, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 13-50561, 13-50562, 13-50566, 13-50571 · judgment May 31, 2017

Decided · May 14, 2018
Pre-decision estimate: 19% cert probability (95% interval 13%–26%)

Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Ninth Circuit decision below, and a petition filed soon after the judgment below.

Questions presented

  1. Whether the court of appeals erred in asserting authority to review respondents' interlocutory challenge to pretrial physical restraints and in ruling on that challenge notwithstanding its recognition that respondents' individual claims were moot.

  2. Whether the court of appeals erred in concluding that the Fifth Amendment forbids the United States Marshals Service for the Southern District of California, with the approval of the district judges in that high- volume jurisdiction, from implementing a policy of placing pretrial detainees in physical restraints during non-jury court proceedings. GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. ELLIS M. JOHNSTON, III, ESQUIRE, OF SAN DIEGO, CALIFORNIA, IS APPOINTED TO SERVE AS COUNSEL FOR RESPONDENT RENE SANCHEZ-GOMEZ IN THIS CASE.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Reuben Camper Cahn
Federal Defenders of San Diego, Inc.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 2 merits
(2 respondent)

Argument & decision

Argued March 26, 2018 — Allon Kedem · Reuben C. Cahn. Audio and transcript

Decided May 14, 2018. Opinion by Roberts, C.J..

Proceedings

  1. Jun 15 2018
    JUDGMENT ISSUED.
  2. May 14 2018
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
  3. Apr 30 2018
    Motion to appoint counsel filed by respondent GRANTED, and Ellis M. Johnston, III, Esquire, of San Diego, California, is appointed to serve as counsel for respondent Rene Sanchez-Gomez in this case.
  4. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  5. Mar 26 2018
    Argued. For petitioner: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Reuben C. Cahn, San Diego, Cal.
  6. Mar 23 2018
    Motion for appointment of counsel filed by respondent Rene Sanchez-Gomez.
  7. Mar 14 2018
    Reply of petitioner United States filed. (Distributed)
  8. Feb 28 2018
    Brief amici curiae of Former Judges, Former Prosecutors, Former Government Officials, Law Professors, and Social Scientists filed. (Distributed)
  9. Feb 28 2018
    Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
  10. Feb 21 2018
    Record requested from the U.S.C.A. 9th Circuit.
  11. Feb 21 2018
    Brief of respondents Moises Patricio-Guzman, et al. filed. (Distributed)
  12. Feb 07 2018
    CIRCULATED
  13. Jan 24 2018
    SET FOR ARGUMENT ON Monday, March 26, 2018
  14. Jan 22 2018
    Brief of petitioner United States filed.
  15. Jan 22 2018
    Joint appendix filed.
  16. Dec 08 2017
    Motion for leave to proceed in forma pauperis filed by respondents GRANTED.
  17. Dec 08 2017
    Petition GRANTED limited to Question 1 presented by the petition.
  18. Nov 21 2017
    Reply of petitioner United States filed. (Distributed)
  19. Nov 20 2017
    DISTRIBUTED for Conference of 12/8/2017.
  20. Nov 13 2017
    Brief of respondents Moises Patricio-Guzman, et al. in opposition filed.
  21. Nov 13 2017
    Motion for leave to proceed in forma pauperis filed by respondent Moises Patricio-Guzman
  22. Nov 13 2017
    Motion for leave to proceed in forma pauperis filed by respondent Rene Sanchez-Gomez
  23. Nov 13 2017
    Motion for leave to proceed in forma pauperis filed by respondent Jasmin Isabel Morales
  24. Nov 13 2017
    Motion for leave to proceed in forma pauperis filed by respondent Mark William Ring
  25. Sep 28 2017
    Brief amici curiae of Senator Jeff Flake, et al. filed.
  26. Sep 28 2017
    Brief amicus curiae of California State Sheriffs' Association filed.
  27. Sep 19 2017
    Order extending time to file response to petition to and including November 13, 2017, for all respondents.
  28. Aug 29 2017
    Petition for a writ of certiorari filed. (Response due September 28, 2017)