Supreme Court Report

Supreme Court of the United States · Official docket →

Andrew Levert v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10620 · judgment March 21, 2019

Certiorari denied · October 15, 2019
Pre-decision estimate: 19% cert probability (95% interval 12%–29%)

Before the decision, about 4.7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and an Eleventh Circuit decision below.

Question presented

Whether, or under what circumstances, a criminal defendant pursuing a second or successive motion under 28 U.S.C. § 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, where the record is silent as to whether the district court based its original judgment on that provision or another provision of the same statute.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Oct 15 2019
    Petition DENIED.
  2. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 24 2019
    Reply of petitioner Andrew Levert filed. (Distributed)
  5. Jul 05 2019
    Brief of respondent United States in opposition filed.
  6. May 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2019.
  7. May 29 2019
    Motion to extend the time to file a response from June 5, 2019 to July 5, 2019, submitted to The Clerk.
  8. May 06 2019
    Response Requested. (Due June 5, 2019)
  9. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  10. Apr 18 2019
    Waiver of right of respondent United States to respond filed.
  11. Apr 05 2019
    Petition for a writ of certiorari filed. (Response due May 8, 2019)