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George Georgiou v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2498, 18-2762 · judgment January 28, 2020


Certiorari denied · October 13, 2020
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition).

Question presented

Does the All Writs Act, 28 U.S.C. § 1651, afford a post-conviction remedy for the correction of a criminal financial penalty that is unauthorized by statute, where the illegality of the sentence is established by a retroactive statutory-construction decision of this Court rendered after the defendant‘s conviction became final?

Counsel of record

For petitioner
Peter Goldberger

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Oct 05 2020
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  3. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  4. Sep 16 2020
    Waiver of right of respondent United States to respond filed.
  5. Aug 28 2020
    Petition for a writ of certiorari filed. (Response due October 5, 2020)