Supreme Court Report

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Ojin Kim v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-51024 · judgment February 19, 2021

Certiorari denied · October 4, 2021
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.

Questions presented

  1. In cases where the methodology to calculate the guidelines range for sentencing mirrors the methodology to calculate the restitution amount, if a challenge to the restitution order is not barred from appellate review due to factually insufficient evidence, whether the sentence should also be reviewable on appeal.

  2. When a Circuit court holds that the restitution order should be vacated due to flawed methodology in determining the amount of infringing items, whether a sentence based on the same arbitrary calculation must also be vacated because deprivation of liberty should receive higher scrutiny rather than criminal monetary sanctions.

Counsel of record

For petitioner
Susan Jeanne Clouthier
Clouthier Law, PLLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 04 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 29 2021
    Waiver of right of respondent United States of America to respond filed.
    Main Document
  4. Jul 19 2021
    Petition for a writ of certiorari filed. (Response due August 20, 2021)
    PetitionProof of Service