Supreme Court of the United States · Official docket →
Dayonta McClinton v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-2860 · judgment January 12, 2022
Certiorari denied · June 30, 2023
Pre-decision estimate: 3% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct for which a jury has acquitted the defendant. (I)
Counsel of record
For petitioner
Elie Salamon
Arnold & Porter Kaye Scholer LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Argument & decision
Decided June 30, 2023.
Proceedings
- Jun 30 2023Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion) Statement of Justice Kavanaugh, with whom Justice Gorsuch and Justice Barrett join, respecting the denial of certiorari. (Detached Opinion) Justice Alito, concurring in the denial of certiorari. (Detached Opinion)
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 12 2023DISTRIBUTED for Conference of 6/15/2023.
- Jun 07 2023Supplemental brief of petitioner Dayonta McClinton filed. (Distributed)
- Jun 05 2023DISTRIBUTED for Conference of 6/8/2023.
- May 30 2023DISTRIBUTED for Conference of 6/1/2023.
- May 22 2023DISTRIBUTED for Conference of 5/25/2023.
- May 15 2023DISTRIBUTED for Conference of 5/18/2023.
- May 09 2023Rescheduled.
- Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 06 2023Letter of respondent United States filed. VIDED.
- Mar 07 2023Supplemental brief of petitioner Dayonta McClinton filed.
- Jan 19 2023Supplemental brief of petitioner Dayonta McClinton filed.
- Jan 18 2023Letter of respondent United States filed. VIDED. (Distributed)
- Jan 17 2023DISTRIBUTED for Conference of 1/20/2023.
- Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
- Jan 03 2023Rescheduled.
- Dec 14 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 08 2022Rescheduled.
- Dec 05 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 29 2022Rescheduled.
- Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
- Nov 11 2022Reply of petitioner Dayonta McClinton filed. (Distributed)
- Oct 28 2022Brief of respondent United States in opposition filed.
- Oct 12 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
- Oct 11 2022Motion to extend the time to file a response from October 14, 2022 to October 28, 2022, submitted to The Clerk.
- Sep 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 14, 2022.
- Sep 06 2022Motion to extend the time to file a response from September 14, 2022 to October 14, 2022, submitted to The Clerk.
- Aug 15 2022Brief amicus curiae of Due Process Institute filed.
- Aug 11 2022Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
- Aug 10 2022Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
- Aug 10 2022Brief amici curiae of 17 Former Federal Judges filed.
- Jul 14 2022Response Requested. (Due August 15, 2022)
- Jul 14 2022Brief amicus curiae of Cato Institute filed.
- Jul 14 2022Brief amici curiae of The National Association of Federal Defenders, et al. filed.
- Jul 08 2022Brief amicus curiae of Professor Douglas Berman filed. (Distributed)
- Jun 30 2022Brief amici curiae of Americans for Prosperity Foundation, et al. filed. (Distributed)
- Jun 22 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 16 2022Waiver of right of respondent United States to respond filed.
- Jun 10 2022Petition for a writ of certiorari filed. (Response due July 14, 2022)
- Mar 22 2022Application (21A530) granted by Justice Barrett extending the time to file until June 11, 2022.
- Mar 15 2022Application (21A530) to extend the time to file a petition for a writ of certiorari from April 12, 2022 to June 11, 2022, submitted to Justice Barrett.