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Ivan Rosario v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1994-crL · judgment February 23, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

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

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

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 18 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 10 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Jul 23 2021
    Petition for a writ of certiorari filed. (Response due August 27, 2021)