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Charles Malcolm Spivey, Jr. v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-4099 · judgment April 15, 2020


Certiorari denied · December 14, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.

Question presented

Whether venue for a prosecution under 18 U.S.C. § 2250(a) for failing to update a registration under SORNA after traveling in interstate commerce can lie in the jurisdiction that the defendant departed.

Counsel of record

For petitioner
Eric Joseph Brignac
Office of the Federal Public Defender

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Nov 20 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
  4. Nov 20 2020
    Reply of petitioner Charles Malcolm Spivey, Jr. filed. (Distributed)
  5. Nov 16 2020
    Brief of respondent United States in opposition filed.
  6. Oct 08 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2020.
  7. Oct 07 2020
    Motion to extend the time to file a response from October 15, 2020 to November 16, 2020, submitted to The Clerk.
  8. Sep 10 2020
    Petition for a writ of certiorari filed. (Response due October 15, 2020)