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Robert Nieto and Darrick R. Vallodolid v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2209, 19-3408 · judgment March 28, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This Court has repeatedly affirmed the holding in Batson v. Kentucky, 476 U.S. 79 (1986) and refused to allow state or federal courts to peel back the fundamental protections the Fourteenth Amendment provides. Yet in violation of this Court's precedents and the rationale behind them, the decision below held that even if a prosecutor's explanation is directly tied to a juror's race or ethnicity, courts will turn a blind eye and find that the reason is "race neutral." An important aspect of Batson was ensuring the public's faith in the judicial system, but these very clear displays of avoiding Batson violations through illogically expanding the definition of "race neutral" eradicate public confidence in the system's fairness. As to sentencing, the Government sought to impose a sentence that is well above what was permissible under either federal or state law. Petitioners were sentenced to life in prison on Count I under federal law, which does not allow a life sentence unless the underlying applicable state law does. Here, however, the underlying state law also does not allow for a life sentence, except in limited circumstances where specific conditions are met. It is undisputed that those conditions were not satisfied here. Accordingly, Petitioners' life sentences were impermissible under the statutory scheme enacted by Congress. The questions presented are: 1. Whether Mr. Nieto's and Mr. Vallodolid's convictions should be reversed because the Government's peremptory striking of qualified
Counsel of record
For petitioner
Leslie Schmidt
Leslie Schmidt
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 11 2022Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
- Sep 14 2022DISTRIBUTED for Conference of 10/7/2022.
- Sep 07 2022Waiver of right of respondent United States to respond filed.
- Aug 10 2022Petition for a writ of certiorari filed. (Response due September 21, 2022)
- Jun 24 2022Application (21A849) granted by The Chief Justice extending the time to file until August 10, 2022.
- Jun 17 2022Application (21A849) to extend the time to file a petition for a writ of certiorari from June 26, 2022 to August 10, 2022, submitted to The Chief Justice. (Justice Barrett is recused.).