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Erick Allen Osby v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-4789 · judgment December 31, 2020

Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

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

Question presented

Whether basing a criminal defendant’s sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments.

Counsel of record

For petitioner
Caroline Swift Platt
Office of the Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 cert-stage

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 24 2021
    Supplemental brief of petitioner Erick Allen Osby filed.
    Main DocumentProof of Service
  3. Jul 07 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 07 2021
    Brief amici curiae of National Association of Federal Defenders and FAMM filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  5. Jul 07 2021
    Brief amici curiae of Former Federal District Court Judges and Law Professors filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  6. Jul 07 2021
    Brief amicus curiae of Cato Institute filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  7. Jul 01 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  8. Jun 30 2021
    Brief amici curiae of Americans for Prosperity Foundation, National Association of Criminal Defense Lawyers, Dream Corps Justice, and R Street Institute filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Jun 01 2021
    Petition for a writ of certiorari filed. (Response due July 7, 2021)
    PetitionAppendixCertificate of Word CountProof of Service