Supreme Court Report

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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: 6% cert probability (95% interval 3%–11%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, 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

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, October 2, 2023 · Certiorari denied

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)