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Byron Dredd v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-50220 · judgment October 27, 2020


Certiorari denied · April 19, 2021
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether petitioner’s acquittals on two counts - conspiracy against civil rights, 18 U.S.C. section 241 and providing false statements, 18 U.S.C. section 1519 – in petitioner’s first criminal trial should have been admitted into evidence in petitioner’s retrial for providing false statements, 18 U.S.C. section 1001. The acquitted counts were directly relevant to the case since the acquitted conduct covered the same occurrences in the second trial.

  2. Whether petitioner’s right to present a defense was violated when he was prevented from testifying about the substance of his contacts, which referenced religion, with his sergeant. This was material to the defense since the government used these communications to show that petitioner conspired with the sergeant. This error helped the government gain a conviction.

Counsel of record

For petitioner
Andrew Reed Flier
Levine, Flier and Flier, LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 29 2021
    Waiver of right of respondent United States to respond filed.
  4. Mar 02 2021
    Petition for a writ of certiorari filed. (Response due April 14, 2021)