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Michael J. Persico v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2701 · judgment May 2, 2018

Certiorari denied · November 13, 2018
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 Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Does Petitioner’s sentence, which would have been deemed substantively unreasonable in the absence of the district court’s factual findings, violate the Sixth Amendment jury trial right and the Due Process Clause of the Fifth Amendment?

  2. Does the judicial obligation to hold the government to promises made in consideration of a guilty plea require courts to construe plea agreements according to the contractual maxim that a specific term favors a general one?

Counsel of record

For petitioner
Sarita Kedia
Sarita Kedia Law Offices

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 17 2018
    Waiver of right of respondent United States to respond filed.
  4. Oct 09 2018
    Petition for a writ of certiorari filed. (Response due November 13, 2018)