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Scott Rothstein v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-11796 · judgment September 30, 2019


Certiorari denied · April 6, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A. Whether the Government’s right to withdraw a previously earned and filed Rule 35 Motion, where the plea agreement fails to warn the defendant of the Government’s right to withdraw, violates the defendant’s due process rights. B. Whether denying the defendant the right to an evidentiary hearing on the breach allegation after the defendant has already provided substantial cooperation, violates the defendant’s due process rights.

Counsel of record

For petitioner
Marc S. Nurik

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
19A743

Proceedings

  1. Apr 06 2020
    Petition DENIED.
  2. Mar 18 2020
    DISTRIBUTED for Conference of 4/3/2020.
  3. Mar 09 2020
    Waiver of right of respondent United States of America to respond filed.
  4. Feb 27 2020
    Petition for a writ of certiorari filed. (Response due April 1, 2020)
  5. Jan 04 2020
    Application (19A743) granted by Justice Thomas extending the time to file until February 27, 2020.
  6. Dec 18 2019
    Application (19A743) to extend the time to file a petition for a writ of certiorari from December 29, 2019 to February 27, 2020, submitted to Justice Thomas.