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David Lynn Roberson v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14654 · judgment May 27, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below.

Questions presented

  1. Whether, in a bribery prosecution based on issue-advocacy payments that would otherwise enjoy First Amendment protection, the government must prove that the payments were explicitly linked to official action.

  2. Whether a jury must be instructed that merely “expressing support” for a policy cannot support conviction under the federal bribery laws.

Counsel of record

For petitioner
Jacob Moshe Roth
Jones Day

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Related
Vide, 21-706

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 11 2022
    Reply of petitioner David Lynn Roberson filed. (Distributed)
  4. Dec 23 2021
    Brief of respondent United States in opposition filed. VIDED.
  5. Nov 18 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2021.
  6. Nov 16 2021
    Motion to extend the time to file a response from November 26, 2021 to December 27, 2021, submitted to The Clerk.
  7. Oct 22 2021
    Petition for a writ of certiorari filed. (Response due November 26, 2021)