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Raymond Rodriguez-Rivera v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 19-1529 · judgment March 4, 2021
Before the decision, about 5.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition.
Question presented
The United States Sentencing Guidelines define a “controlled substance offense” as one that includes “the offense[ ] of * * * conspiring * * * to commit such offenses.” The question presented is whether this provision is limited to only those state and federal crimes that categorically overlap the generic definition of a conspiracy, requiring proof of both an overt act and an agreement, as two circuits have held, or whether it does not, as six circuits have held? (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage
Proceedings
- Oct 04 2021Petition DENIED.
- Sep 02 2021Brief amici curiae of National Association for Public Defense and the Florida Association of Criminal Defense Lawyers filed. (Distributed)
- Aug 31 2021Brief amicus curiae of Massachusetts Association of Criminal Defense Lawyers filed. (Distributed)
- Aug 31 2021Brief amicus curiae of Puerto Rico Association of Criminal Defense Lawyers filed. (Distributed)
- Aug 18 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 16 2021Waiver of right of respondent United States of America to respond filed.
- Jul 30 2021Petition for a writ of certiorari filed. (Response due September 2, 2021)