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Esteban Gaspar-Felipe v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50997 · judgment July 13, 2021
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Whether the Fifth Amendment’s Due Process Clause prohibits a federal court from basing a criminal defendant’s sentence on a charge of which a jury acquitted him, as the Michigan Supreme Court has held, or whether, instead, acquitted-conduct sentencing complies with the Fifth Amendment, as 12 federal courts of appeal and the Iowa Supreme Court have held.
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Whether the Sixth Amendment’s right to jury trial prohibits a federal court from basing a criminal defendant’s sentence on a charge of which a jury acquitted him. (i)
Counsel of record
For petitioner
Easha Anand
Roderick & Solange MacArthur Justice Center
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage
Proceedings
- Jan 24 2022Petition DENIED.
- Jan 19 2022Certificate of Service and Certificate of Word Count filed with respect to amici curiae brief of Judge Nancy Gertner (Ret.), et al.
- Jan 14 2022Amicus brief of Judge Nancy Gertner and Professor Douglas Berman not accepted for filing. (January 14, 2022 - Corrected brief to be efiled)
- Jan 14 2022Brief amici curiae of Judge Nancy Gertner and Professor Douglas Berman filed.
- Jan 12 2022Brief amici curiae of Americans for Prosperity Foundation, et al. filed. (Distributed)
- Jan 11 2022Brief amicus curiae of Cato Institute filed. (Distributed)
- Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
- Dec 30 2021Waiver of right of respondent United States to respond filed.
- Dec 10 2021Petition for a writ of certiorari filed. (Response due January 14, 2022)