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Miguel Cabrera-Rangel v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-41123 · judgment July 9, 2018

Certiorari denied · January 14, 2019
Pre-decision estimate: 12% cert probability (95% interval 7%–17%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a petition citing three to ten dissents.

Question presented

Whether, or under what circumstances, the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant’s sentence on a charge for which the jury acquitted him.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
18A269

Order
Order list, January 14, 2019 · Certiorari denied

Proceedings

  1. Jan 14 2019
    Motion for leave to file amicus brief filed by Cato Institute GRANTED.
  2. Jan 14 2019
    Petition DENIED.
  3. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  4. Dec 20 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  5. Dec 20 2018
    Brief amicus curiae of Due Process Institute filed.
  6. Dec 19 2018
    Motion for leave to file amicus brief filed by Cato Institute.
  7. Dec 06 2018
    Brief amicus curiae of The National Association Federal Defenders filed.
  8. Nov 28 2018
    Waiver of right of respondent United States to respond filed.
  9. Nov 26 2018
    Blanket Consent filed by Petitioner, Miguel Cabrera-Rangel.
  10. Nov 19 2018
    Petition for a writ of certiorari filed. (Response due December 20, 2018)
  11. Oct 19 2018
    Application (18A269) granted by Justice Alito extending the time to file until December 6, 2018.
  12. Oct 17 2018
    Application (18A269) to extend further the time from November 6, 2018 to December 6, 2018, submitted to Justice Alito.
    Written RequestProof of Service
  13. Sep 14 2018
    Application (18A269) granted by Justice Alito extending the time to file until November 6, 2018.
  14. Sep 12 2018
    Application (18A269) to extend the time to file a petition for a writ of certiorari from October 7, 2018 to November 8, 2018, submitted to Justice Alito.
    Main DocumentLower Court Orders/OpinionsOtherProof of Service