Supreme Court Report

Supreme Court of the United States · Official docket →

Brandon Lee Mojica v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-10198 · judgment April 3, 2019

Certiorari denied · January 13, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition filed soon after the judgment below.

Questions presented

  1. Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis, 2019 WL 2570623 (2019).

  2. Does a defendant have to plead at a heightened standard and prove his allegations before being granted an evidentiary hearing under 28 U.S.C. § 2255.

Counsel of record

For petitioner
Zachary Lee Newland
Newland Legal, PLLC

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 2 conferences

Order
Order list, January 13, 2020 · Certiorari denied

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 11 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Nov 22 2019
    Brief of respondent United States in opposition filed.
  4. Oct 17 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including November 22, 2019.
  5. Oct 16 2019
    Motion to extend the time to file a response from October 23, 2019 to November 22, 2019, submitted to The Clerk.
  6. Sep 19 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2019.
  7. Sep 18 2019
    Motion to extend the time to file a response from September 23, 2019 to October 23, 2019, submitted to The Clerk.
  8. Aug 23 2019
    Response Requested. (Due September 23, 2019)
  9. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  10. Jul 16 2019
    Waiver of right of respondent United States to respond filed.
  11. Jul 02 2019
    Petition for a writ of certiorari filed. (Response due August 2, 2019)