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Valueland Auto Sales, Inc., and Ron Benit v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-3596 · judgment May 13, 2021


Certiorari denied · December 13, 2021
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

When the district court dismisses all criminal charges against a defendant, does that court have jurisdiction over a motion to expunge the records relating to those charges, as held by the Second, Tenth, and D.C. Circuits, or does the district court lack jurisdiction over such motions, as held by the First, Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits?

Counsel of record

For petitioner
Damion Michael Clifford
Arnold & Clifford LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 23 2021
    Reply of petitioners Valueland Auto Sales, Inc., et al. filed. (Distributed)
  4. Nov 09 2021
    Brief of respondent United States in opposition filed.
  5. Oct 06 2021
    Motion to extend the time to file a response is granted in part and the time is further extended to and including November 9, 2021.
  6. Oct 05 2021
    Motion to extend the time to file a response from October 13, 2021 to November 12, 2021, submitted to The Clerk.
  7. Sep 03 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
  8. Sep 02 2021
    Motion to extend the time to file a response from September 13, 2021 to October 13, 2021, submitted to The Clerk.
  9. Aug 11 2021
    Petition for a writ of certiorari filed. (Response due September 13, 2021)