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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

Certiorari denied · January 24, 2022
Pre-decision estimate: 13% cert probability (95% interval 8%–21%)

Before the decision, about 3.1× 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 petition citing more than ten dissents.

Questions presented

  1. 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.

  2. 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

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

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Order
Order list, January 24, 2022 · Certiorari denied

Proceedings

  1. Jan 24 2022
    Petition DENIED.
  2. Jan 19 2022
    Certificate of Service and Certificate of Word Count filed with respect to amici curiae brief of Judge Nancy Gertner (Ret.), et al.
    Main DocumentMain Document
  3. Jan 14 2022
    Amicus brief of Judge Nancy Gertner and Professor Douglas Berman not accepted for filing. (January 14, 2022 - Corrected brief to be efiled)
  4. Jan 14 2022
    Brief amici curiae of Judge Nancy Gertner and Professor Douglas Berman filed.
    Main Document
  5. Jan 12 2022
    Brief amici curiae of Americans for Prosperity Foundation, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  6. Jan 11 2022
    Brief amicus curiae of Cato Institute filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  7. Jan 05 2022
    DISTRIBUTED for Conference of 1/21/2022.
  8. Dec 30 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  9. Dec 10 2021
    Petition for a writ of certiorari filed. (Response due January 14, 2022)
    PetitionAppendixCertificate of Word CountProof of Service