Supreme Court of the United States · Official docket →
Ivan Rosario v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1994-crL · judgment February 23, 2021
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition citing three to ten dissents.
Question presented
Whether the Fifth Amendment’s Due Process Clause and the Sixth Amendment’s right to trial by jury protect criminal defendants from being sentenced based on judicial factfinding about charged conduct that the jury did not find proven beyond a reasonable doubt.
Counsel of record
For petitioner
Christopher David Hu
Horvitz & Levy LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 4, 2021 · Certiorari denied
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 18 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 10 2021Waiver of right of respondent United States of America to respond filed.
- Jul 23 2021Petition for a writ of certiorari filed. (Response due August 27, 2021)