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Malcolm McGee v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-5019 · judgment January 14, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

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

Question presented

When does a state post-conviction remedy qualify as a “successful attack” on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted?

Counsel of record

For petitioner
Michael Stone Romano
Stanford Law School Mills Legal Clinic Criminal De

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 1 conference

Order
Order list, October 7, 2019 · Certiorari denied

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 16 2019
    Waiver of right of respondent United States to respond filed.
  4. Jul 01 2019
    Petition for a writ of certiorari filed. (Response due August 2, 2019)