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Ivy T. Tucker v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-4182 · judgment May 10, 2018

Certiorari denied · December 3, 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.

Question presented

I. Whether trial counsel’s failure to make an argument that courts of appeals outside the circuit have accepted (and the circuit has not addressed) may amount to constitutionally deficient assistance of counsel or, instead, whether only directly controlling precedent is relevant. II. When a defendant and the Government have agreed that the court will address at sentencing a factual question for purposes of imposing a statutory mandatory-minimum sentence, whether they have also implicitly agreed that the defendant’s “offense of conviction” has “established” the factual finding for purposes of the Sentencing Guidelines.

Counsel of record

For petitioner
Ilana Beth Gelfman
Jones Day

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

Dec 03 2018
Petition DENIED.
Nov 07 2018
DISTRIBUTED for Conference of 11/30/2018.
Nov 07 2018
Reply of petitioner Ivy Tucker filed. (Distributed)
Oct 22 2018
Brief of respondent United States in opposition filed.
Sep 20 2018
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2018.
Sep 19 2018
Motion to extend the time to file a response from September 28, 2018 to October 29, 2018, submitted to The Clerk.
Aug 29 2018
Response Requested. (Due September 28, 2018)
Aug 22 2018
DISTRIBUTED for Conference of 9/24/2018.
Aug 15 2018
Waiver of right of respondent United States to respond filed.
Aug 08 2018
Petition for a writ of certiorari filed. (Response due September 10, 2018)