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Ferrell Walker v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-12256, 18-15283 · judgment March 10, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether, on plain error review, the defendant’s right not to be twice put in jeopardy for the same offense under the Double Jeopardy Clause of the Fifth Amendment was violated where, after being convicted of violating the conditions of his supervision and sentenced under 18 U.S.C. § 3583(k), to the 60-month minimum, mandatory term of imprisonment, the defendant was subsequently indicted, tried, convicted, and sentenced for the same offense that gave rise to his conviction for violating the conditions of his supervision, even though his sentence under 18 U.S.C. § 3583(k) was vacated on appeal?

  2. Whether, assuming the merit of the defendant’s double jeopardy claim, the district court committed plain error? PARTIES TO THE PROCEEDINGS Petitioner (Defendant below) is Ferrell Walker. Respondent is the United States of America. RULE 29.6 STATEMENT Petitioner Ferrell Walker is an individual with no corporate affiliation, no parent corporation, and no publicly held corporation owning 10% or more of its stock.

Counsel of record

For petitioner
Barbara Hamlin Agricola
Agricola Law

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 19 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Aug 09 2021
    Petition for a writ of certiorari filed. (Response due September 15, 2021)