Supreme Court of the United States · Official docket →
John D. Leontaritis v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19- 40498 · judgment October 9, 2020
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
This criminal case’s questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the subject of circuit splits expressly acknowledged by the panel’s majority and dissenting opinions. Both are presented squarely in a clean procedural vehicle. And as to both issues, the panel majority opinion is wrong and the Petitioner is right.
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Whether, if a jury is instructed to “determine” a fact by indicating a “unanimous finding beyond a reasonable doubt” and does so, the resulting verdict indicates a finding beyond a reasonable doubt, as opposed to a mere failure to find.
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Whether, if a jury verdict finds a fact beyond a reasonable doubt, a district court’s sentencing decision must accept the jury’s determination or instead may base the sentence on its own independent finding that contradicts the jury’s.
Counsel of record
For petitioner
Charles Randall Flores
Beck Redden LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 12 2021Petition DENIED.
- Sep 22 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 07 2021Brief of respondent United States in opposition filed.
- Jul 30 2021Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2021.
- Jul 29 2021Motion to extend the time to file a response from August 6, 2021 to September 7, 2021, submitted to The Clerk.
- Jul 01 2021Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2021.
- Jun 30 2021Motion to extend the time to file a response from July 7, 2021 to August 6, 2021, submitted to The Clerk.
- Jun 07 2021Response Requested. (Due July 7, 2021)
- Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
- May 26 2021Waiver of right of respondent United States to respond filed.
- May 17 2021Petition for a writ of certiorari filed. (Response due June 18, 2021)