Supreme Court Report

Supreme Court of the United States · Official docket →

Michael Ryan Mitchan v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-10241 · judgment December 10, 2020

Certiorari denied · June 7, 2021
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are solely responsible for increasing sentencing guidelines?

  2. Does it violate the principles of due process for a sentencing court to adopt a drug quantity based on relevant conduct as calculated in a Presentence Investigation Report without conducting any on the record inquiry into the rebuttal evidence provided by the defendant?

Counsel of record

For petitioner
Jeffrey Harris Lichtman
Law Offices of Jeffrey Lichtman

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 07 2021
    Petition DENIED.
  2. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  3. May 13 2021
    Waiver of right of respondent United States to respond filed.
  4. May 07 2021
    Petition for a writ of certiorari filed. (Response due June 10, 2021)