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Willie Newton v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-3096 · judgment September 17, 2019

Certiorari denied · January 21, 2020

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, a petition filed soon after the judgment below, and counsel who has filed here before.

Question presented

In Johnson v. United States, 544 U.S. 295 (2005), and Custis v. United States, 511 U.S. 485 (1994), this Court held that a defendant who “successfully attacks” a prior sentence or sentence may return to federal court to reopen a subsequent federal sentence that was enhanced on the basis of the prior sentence. Under what circumstances is successful post-conviction litigation a “successful attack” on a prior state sentence?

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

Jan 21 2020
Petition DENIED.
Dec 30 2019
DISTRIBUTED for Conference of 1/17/2020.
Dec 26 2019
Waiver of right of respondent United States to respond filed.
Dec 13 2019
Petition for a writ of certiorari filed. (Response due January 16, 2020)