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Ryan Randall Gilbertson v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-3745 · judgment July 30, 2020


Certiorari denied · June 21, 2021
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonable doubt. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. Jun 01 2021
    Reply of petitioner Ryan Gilbertson filed. (Distributed)
  4. May 14 2021
    Brief of respondent United States of America in opposition filed.
  5. Apr 07 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2021. (Docket entry corrected 4/8/21)
  6. Apr 06 2021
    Motion to extend the time to file a response from April 14, 2021 to May 14, 2021, submitted to The Clerk.
  7. Mar 04 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
  8. Mar 03 2021
    Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
  9. Feb 11 2021
    Response Requested. (Due March 15, 2021)
  10. Jan 13 2021
    DISTRIBUTED for Conference of 2/19/2021.
  11. Jan 08 2021
    Waiver of right of respondent United States of America to respond filed.
  12. Dec 23 2020
    Petition for a writ of certiorari filed. (Response due January 29, 2021)