Supreme Court of the United States · Official docket →

Rolando Cruz, Jr. v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-3191 · judgment September 10, 2020

Dismissed · April 29, 2021

Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Third Circuit decision below, and a petition citing one or two dissents.

Question presented

I. WHETHER IT WAS ERROR FOR THE THIRD CIRCUIT TO JUSTIFY AFFIRMANCE OF THE RICO CONSPIRACY CONVICTIONS ON THE BASIS OF EVIDENCE PROVING SOMETHING QUITE DIFFERENT FROM WHAT WAS CHARGED IN THE INDICTMENT? II. WHETHER UNITED STATES V. ROWE APPLIES TO CONSPIRACY CASES?

Counsel of record

For petitioner
Peter Goldberger

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

Apr 29 2021
Stipulation to dismissal under Rule 46 filed.
Apr 29 2021
Petition Dismissed - Rule 46.
Apr 27 2021
DISTRIBUTED for Conference of 5/13/2021.
Apr 21 2021
Waiver of right of respondent United States to respond filed.
Apr 14 2021
Petition for a writ of certiorari filed. (Response due May 17, 2021)