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Michigan v. Eric Lamontee Beck

Paid petition · Supreme Court of Michigan, No. 152934 · judgment July 29, 2019


Certiorari denied · February 24, 2020
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

Every regional federal circuit court has addressed the constitutionality of considering conduct underlying an acquitted charge at sentencing, and each one has held that a sentencing court may consider such conduct without offending a defendant’s constitutional rights. This Court has held that “a jury’s verdict of acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence,” and that “application of the preponderance standard at sentencing generally satisfies due process.” Contrary to this holding, the Michigan Supreme Court here held that this Court has not decided that consideration of acquitted conduct at sentencing is consistent with due process, that it was thus writing on a “clean slate,” and that due process does “bar sentencing courts from finding by a preponderance of the evidence that a defendant engaged in conduct of which he was acquitted” and considering that conduct at sentencing for the offense of conviction. The question presented is: Whether, when imposing a sentence within the statutory range for the offense of conviction, due process permits a sentencing court to consider conduct underlying an acquitted charge, so long as that conduct has been proved by a preponderance of the evidence.

Counsel of record

For petitioner
Heidi Michelle Williams
North Carolina Department of Justice

For respondent
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Feb 24 2020
    Petition DENIED.
  3. Jan 15 2020
    DISTRIBUTED for Conference of 2/21/2020.
  4. Dec 30 2019
    Brief of respondent Eric L. Beck in opposition filed.
  5. Dec 30 2019
    Motion for leave to proceed in forma pauperis filed by respondent Eric L. Beck.
  6. Nov 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2019.
  7. Nov 19 2019
    Motion to extend the time to file a response from November 29, 2019 to December 30, 2019, submitted to The Clerk.
  8. Oct 23 2019
    Petition for a writ of certiorari filed. (Response due November 29, 2019)