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Brendon Janis v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-1077 · judgment April 27, 2021

Certiorari denied · November 15, 2021
Pre-decision estimate: 16% cert probability (95% interval 10%–24%)

Before the decision, about 3.9× 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 Eighth Circuit decision below.

Questions presented

The United States Sentencing Commission recommends imposing several standard conditions of supervised release. Standard Condition 12 is as follows: If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. U.S.S.G. § 5D1.3(c)(12). The questions presented are:

  1. Does Standard Condition 12 unconstitutionally delegate authority to the probation officer?

  2. Is Standard Condition 12 unconstitutionally vague?

Counsel of record

For petitioner
Adam G. Unikowsky
Jenner & Block LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 15 2021
    Petition DENIED.
  2. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  3. Oct 22 2021
    Reply of petitioner Brendon Janis filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Oct 18 2021
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  5. Sep 13 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 18, 2021.
  6. Sep 10 2021
    Motion to extend the time to file a response from September 17, 2021 to October 18, 2021, submitted to The Clerk.
    Main Document
  7. Aug 06 2021
    Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2021.
  8. Aug 05 2021
    Motion to extend the time to file a response from August 18, 2021 to September 17, 2021, submitted to The Clerk.
    Main Document
  9. Jul 15 2021
    Petition for a writ of certiorari filed. (Response due August 18, 2021)
    PetitionCertificate of Word CountProof of Service