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Eric Lee Brown v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-14607 · judgment May 17, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× 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 an Eleventh Circuit decision below.

Question presented

Whether an error can be “plain” within the meaning of Federal Rule of Criminal Procedure 52(b) based on established legal principles, or whether an error can be plain only if controlling precedent has previously recognized the same error in precisely the same circumstances. (i)

Counsel of record

For petitioner
Elisabeth Susan Theodore
Arnold & Porter Kaye Scholer LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 23 2021
    Reply of petitioner Eric Lee Brown filed. (Distributed)
  3. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  4. Dec 08 2021
    Brief of respondent United States in opposition filed.
  5. Nov 22 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
  6. Nov 19 2021
    Motion to extend the time to file a response from November 29, 2021 to December 8, 2021, submitted to The Clerk.
  7. Oct 22 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2021.
  8. Oct 21 2021
    Motion to extend the time to file a response from October 28, 2021 to November 29, 2021, submitted to The Clerk.
  9. Sep 24 2021
    Petition for a writ of certiorari filed. (Response due October 28, 2021)