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John Paul Gosney, Jr. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-12049 · judgment February 1, 2023


Certiorari denied · June 5, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a dissent in the court below (flagged in the petition), an Eleventh Circuit decision below, and a petition filed soon after the judgment below.

Question presented

I Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified. II If not inclined to reconsider Monsanto or Kaley, whether the Court should nonetheless vacate outright the ex parte restraint on the funds petitioner needs to retain trial counsel of choice or, at a minimum, remand for a hearing as to traceability, particularly when the government concedes that the restrained funds were neither listed in the indictment’s forfeiture count nor presented to the grand jury for a probable cause determination.

Counsel of record

For petitioner
Howard Milton Srebnick
Black Srebnick

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 05 2023
    Petition DENIED.
  2. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  3. May 11 2023
    Waiver of right of respondent United States to respond filed.
  4. Apr 28 2023
    Petition for a writ of certiorari filed. (Response due June 1, 2023)