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Marquis Shaw v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-50384 · judgment March 4, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).
Question presented
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Do either the Jury Clauses of Article III and the Sixth Amendment or the Due Process Clause of the Fifth Amendment bar a court from imposing a more severe criminal sentence on the basis of conduct that a jury necessarily rejected, given its verdicts of acquittal on other counts at the same trial? If necessary to reach an affirmative answer, should this Court‘s decision in United States v. Watts, 519 U.S. 148 (1997) (per curiam), be overruled?
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In avoidance of the constitutional question, do the rules of issue preclusion, as applied in federal criminal cases, bar imposition of an aggravated sentence on a factual predicate necessarily rejected by the jury at trial in the same case?
Counsel of record
For petitioner
Peter Goldberger
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 30 2023Petition DENIED.
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 12 2023DISTRIBUTED for Conference of 6/15/2023.
- Jun 05 2023DISTRIBUTED for Conference of 6/8/2023.
- May 30 2023DISTRIBUTED for Conference of 6/1/2023.
- May 22 2023DISTRIBUTED for Conference of 5/25/2023.
- May 15 2023DISTRIBUTED for Conference of 5/18/2023.
- May 09 2023Rescheduled.
- Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 06 2023Letter of respondent United States filed. VIDED.
- Apr 06 2023Letter of petitioner filed.
- Jan 18 2023Letter of respondent United States filed. VIDED. (Distributed)
- Jan 17 2023DISTRIBUTED for Conference of 1/20/2023.
- Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
- Jan 03 2023Rescheduled.
- Dec 14 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 08 2022Rescheduled.
- Nov 22 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 18 2022Reply of petitioner Marquis Shaw filed. (Distributed)
- Nov 07 2022Brief of respondent United States in opposition filed.
- Sep 30 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022.
- Sep 28 2022Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
- Aug 31 2022Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2022.
- Aug 30 2022Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
- Aug 01 2022Petition for a writ of certiorari filed. (Response due September 7, 2022)
- May 20 2022Application (21A747) granted by Justice Kagan extending the time to file until August 1, 2022.
- May 18 2022Application (21A747) to extend the time to file a petition for a writ of certiorari from June 2, 2022 to August 1, 2022, submitted to Justice Kagan.