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Dieter Charles Vogt v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13937 · judgment January 16, 2019

Certiorari denied · May 28, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Should the order of the court of appeals denying a certificate of appealability be reversed and remanded, because it is manifestly incorrect to suggest that no reasonable jurist could disagree with a district court order summarily denying a motion under 28 U.S.C. § 2255, where that order directly conflicts with the controlling decisions of this Court and the plain language of § 2255?

Counsel of record

For petitioner
Peter Goldberger

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 28 2019
    Petition DENIED.
  2. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  3. Apr 30 2019
    Waiver of right of respondent United States to respond filed.
  4. Apr 15 2019
    Petition for a writ of certiorari filed. (Response due May 20, 2019)