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Rafi Wali McCall v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-50201 · judgment October 21, 2021

Certiorari denied · May 2, 2022
Pre-decision estimate: 9% cert probability (95% interval 5%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing three to ten dissents.

Question presented

Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that the released individual committed a new “crime” that previously was tried to a jury and resulted in acquittal?

Counsel of record

For petitioner
Mark G. Parenti
Parenti Law PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Linked docket
21M101, 21A280

Order
Order list, May 2, 2022 · Certiorari denied

Proceedings

  1. May 02 2022
    Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
  2. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  3. Apr 08 2022
    Waiver of right of respondent United States to respond filed.
    Main Document
  4. Apr 04 2022
    Motion (21M101) for leave to file a petition for a writ of certiorarti with the supplemental appendix under seal Granted. Justice Kagan took no part in the consideration or decision of this motion.
  5. Mar 16 2022
    MOTION (21M101) DISTRIBUTED for Conference of 4/1/2022.
  6. Mar 11 2022
    Motion (21M101) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  7. Mar 11 2022
    Petition for a writ of certiorari filed. (Response due May 4, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  8. Dec 30 2021
    Application (21A280) granted by Justice Alito extending the time to file until March 20, 2022.
  9. Dec 22 2021
    Application (21A280) to extend the time to file a petition for a writ of certiorari from January 19, 2022 to March 20, 2022, submitted to Justice Alito.
    Main DocumentLower Court Orders/OpinionsProof of Service