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Michael Ludwikowski v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1881 · judgment December 5, 2019

Certiorari denied · November 23, 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

Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant’s sentence for conduct underlying a count on which the jury acquitted.

Counsel of record

For petitioner
Lisa Ann Mathewson
Mathewson Law LLC

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
19A932

Proceedings

  1. Nov 23 2020
    Petition DENIED.
  2. Nov 04 2020
    DISTRIBUTED for Conference of 11/20/2020.
  3. Nov 02 2020
    Reply of petitioner Michael Ludwikowski filed. (Distributed)
  4. Sep 24 2020
    Motion to delay distribution of the petition for a writ certiorari until November 4, 2020 granted.
  5. Sep 22 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from September 30, 2020 to November 4, 2020, submitted to The Clerk.
  6. Sep 16 2020
    Brief of respondent United States of America in opposition filed.
  7. Aug 11 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including September 16, 2020.
  8. Aug 10 2020
    Motion to extend the time to file a response from August 17, 2020 to September 16, 2020, submitted to The Clerk.
  9. Jul 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2020.
  10. Jul 07 2020
    Motion to extend the time to file a response from July 16, 2020 to August 17, 2020, submitted to The Clerk.
  11. Jun 16 2020
    Response Requested. (Due July 16, 2020)
  12. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  13. May 27 2020
    Waiver of right of respondent United States to respond filed.
  14. May 04 2020
    Petition for a writ of certiorari filed. (Response due June 15, 2020)
  15. Feb 21 2020
    Application (19A932) granted by Justice Alito extending the time to file until May 3, 2020.
  16. Feb 19 2020
    Application (19A932) to extend the time to file a petition for a writ of certiorari from March 4, 2020 to May 3, 2020, submitted to Justice Alito.
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