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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: 3% cert probability

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

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

Conference history
Distributed for 1 conference

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)