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Philip A. Mearing v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-4026 · judgment May 29, 2018

Certiorari denied · January 7, 2019
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Fourth Circuit decision below.

Questions presented

  1. Whether, or under what circumstances, a criminal defendant’s waiver in his plea agreement of the right to appeal his “sentence” covers an appeal of an order of restitution.

  2. Whether, or under what circumstances, a defendant’s waiver of the right to appeal an order of restitution or forfeiture precludes an appeal on the ground that the order exceeds the amount the statutory scheme allows.

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 1 conference

Amicus briefs
3 cert-stage

Linked docket
18A144

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 19 2018
    Reply of petitioner Philip A. Mearing filed. (Distributed)
  4. Dec 04 2018
    Brief of respondent United States in opposition filed.
  5. Oct 22 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
  6. Oct 19 2018
    Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.
  7. Oct 05 2018
    Brief amicus curiae of Due Process Institute filed.
  8. Oct 05 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  9. Oct 05 2018
    Brief amicus curiae of The Cato Institute filed.
  10. Sep 27 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
  11. Sep 26 2018
    Motion to extend the time to file a response from October 5, 2018 to November 5, 2018, submitted to The Clerk.
  12. Sep 10 2018
    Blanket Consent filed by Petitioner, Philip A. Mearing.
  13. Sep 05 2018
    Petition for a writ of certiorari filed. (Response due October 5, 2018)
  14. Aug 09 2018
    Application (18A144) granted by The Chief Justice extending the time to file until September 26, 2018.
  15. Aug 07 2018
    Application (18A144) to extend the time to file a petition for a writ of certiorari from August 27, 2018 to September 26, 2018, submitted to The Chief Justice.
    Main DocumentProof of Service