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Vincent Asaro v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-48 · judgment April 23, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 14% cert probability (95% interval 10%–20%)

Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct underlying a charge for which the defendant was acquitted by a jury. (I)

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 15 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Dec 03 2019
    Rescheduled.
  4. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  5. Nov 18 2019
    Reply of petitioner Vincent Asaro filed.
  6. Nov 18 2019
    Waiver of 14-day waiting period for distribution of the petition under Rule 15.5 filed.
  7. Nov 12 2019
    Brief of respondent United States in opposition filed.
  8. Oct 07 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including November 12, 2019.
  9. Oct 04 2019
    Motion to extend the time to file a response from October 18, 2019 to November 12, 2019, submitted to The Clerk.
  10. Sep 18 2019
    Brief amicus curiae of Cato Institute filed.
  11. Sep 18 2019
    Brief amici curiae of The National Association of Federal Defenders and FAMM filed.
  12. Sep 11 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
  13. Sep 10 2019
    Motion to extend the time to file a response from September 18, 2019 to October 18, 2019, submitted to The Clerk.
  14. Aug 19 2019
    Response Requested. (Due September 18, 2019)
  15. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  16. Aug 13 2019
    Brief amicus curiae of Due Process Institute filed. (Distributed)
  17. Aug 12 2019
    Supplemental brief of petitioner Vincent Asaro filed.
  18. Aug 08 2019
    Waiver of right of respondent United States to respond filed.
  19. Aug 07 2019
    Blanket Consent filed by Petitioner, Vincent Asaro.
  20. Jul 22 2019
    Petition for a writ of certiorari filed. (Response due August 21, 2019)