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Erickson Meko Campbell v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-10128 · judgment February 16, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

Whether a court of appeals violates the principle of party presentation announced in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020), by sua sponte raising an issue that the government abandoned in its appellate briefing and granting relief on that basis.

Counsel of record

For petitioner
Michael R. Dreeben
O’Melveny & Myers LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 10 2022
    Reply of petitioner Erickson Meko Campbell filed. (Distributed)
  4. Jul 22 2022
    Brief of respondent United States in opposition filed.
  5. Jun 17 2022
    Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2022.
  6. Jun 16 2022
    Motion to extend the time to file a response from June 22, 2022 to July 22, 2022, submitted to The Clerk.
  7. May 27 2022
    Supplemental brief of petitioner Erickson Meko Campbell filed.
  8. May 17 2022
    Petition for a writ of certiorari filed. (Response due June 22, 2022)