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Drew Samuel Bates v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-7061 · judgment September 10, 2020

Certiorari denied · March 1, 2021
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a Tenth Circuit decision below.

Question presented

Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant’s current, legally correct Sentencing Guidelines range.

Counsel of record

For petitioner
David A. O'Neil
Debevoise & Plimpton LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 01 2021
    Petition DENIED.
  2. Feb 18 2021
    Supplemental brief of petitioner Drew Samuel Bates filed. (Distributed)
  3. Feb 10 2021
    DISTRIBUTED for Conference of 2/26/2021.
  4. Feb 03 2021
    Letter waiving the 14-day waiting period under Rule 15.5 filed.
  5. Feb 03 2021
    Reply of petitioner Drew Samuel Bates filed.
  6. Jan 22 2021
    Brief of respondent United States in opposition filed.
  7. Dec 21 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including January 22, 2021.
  8. Dec 18 2020
    Motion to extend the time to file a response from December 23, 2020 to January 22, 2021, submitted to The Clerk.
  9. Nov 19 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.
  10. Nov 18 2020
    Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
  11. Oct 20 2020
    Petition for a writ of certiorari filed. (Response due November 23, 2020)