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Phillip Robinson v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1472 · judgment March 9, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

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

Question presented

Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct for which a jury has acquitted the defendant.

Counsel of record

For petitioner
Eric Roberts
DLA Piper LLP (US)

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 12 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 03 2023
    Waiver of right of respondent United States to respond filed.
  4. Jun 07 2023
    Petition for a writ of certiorari filed. (Response due July 10, 2023)