Supreme Court Report

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Marie Neba v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20520 · judgment August 16, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a petition filed soon after the judgment below, and counsel who has filed here before.

Questions presented

  1. Should the Court overrule or refine Rita v. United States (2007) 551 U.S. 338, such that an irregular and disproportionate within-Guidelines sentence is no longer presumed reasonable?

  2. Under what circumstances may a defendant rebut the presumption that a within-Guidelines sentence is reasonable, especially when the sentence is recognized as disproportionate to the offense?

Counsel of record

For petitioner
Michael John Khouri
KHOURI LAW OFFICE, PLLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 11 2019
    Brief of respondent United States in opposition filed.
  4. Jan 07 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2019.
  5. Jan 03 2019
    Motion to extend the time to file a response from January 10, 2019 to February 11, 2019, submitted to The Clerk.
  6. Dec 11 2018
    Response Requested. (Due January 10, 2019)
  7. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  8. Nov 14 2018
    Waiver of right of respondent United States to respond filed.
  9. Nov 02 2018
    Petition for a writ of certiorari filed. (Response due December 6, 2018)