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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: 16% cert probability (95% interval 10%–25%)

Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing three to ten dissents.

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

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, June 5, 2023 · Certiorari denied

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)