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Allen E. Peithman, Jr., et al. v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-2721, 17-2722, 17-2723, 17-2768 · judgment February 28, 2019


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

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before.

Question presented

Does 18 U.S.C. § 981(a)(1)(C) authorize forfeiture imposed jointly and severally among co-conspirators, as the Sixth and Eighth Circuits have held, or is such joint and several liability foreclosed under the reasoning of Honeycutt v. United States, 137 S. Ct. 1626 (2017), as the Third Circuit has held?

Counsel of record

For petitioner
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 5 conferences

Amicus briefs
1 cert-stage

Linked docket
18A1118

Argument & decision

Decided November 18, 2019.

Proceedings

  1. Nov 18 2019
    Petition DENIED. Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)
  2. Nov 12 2019
    DISTRIBUTED for Conference of 11/15/2019.
  3. Nov 04 2019
    DISTRIBUTED for Conference of 11/8/2019.
  4. Oct 28 2019
    DISTRIBUTED for Conference of 11/1/2019.
  5. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  6. Sep 18 2019
    DISTRIBUTED for Conference of 10/11/2019.
  7. Sep 17 2019
    Reply of petitioners Allen Peithman, Jr., AEP Properties, L.L.C., Sharon A. Elder filed. (Distributed)
  8. Aug 30 2019
    Brief of respondent United States in opposition filed.
  9. Jul 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2019.
  10. Jul 30 2019
    Motion to extend the time to file a response from July 31, 2019 to August 30, 2019, submitted to The Clerk.
  11. Jul 29 2019
    Brief amicus curiae of Cato Institute filed.
  12. Jun 27 2019
    Petition for a writ of certiorari filed. (Response due July 31, 2019)
  13. Apr 30 2019
    Application (18A1118) granted by Justice Gorsuch extending the time to file until June 27, 2019.
  14. Apr 29 2019
    Application (18A1118) to extend the time to file a petition for a writ of certiorari from May 28, 2019 to June 27, 2019, submitted to Justice Gorsuch.