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Jason Reed v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-2073 · judgment July 7, 2022


Certiorari denied · January 23, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Tenth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1).

Counsel of record

For petitioner
Michael R. Dreeben
O’Melveny & Myers LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 23 2023
    Petition DENIED.
  2. Jan 04 2023
    DISTRIBUTED for Conference of 1/20/2023.
  3. Dec 22 2022
    Reply of petitioner Jason Reed filed.
  4. Dec 12 2022
    Brief of respondent United States in opposition filed.
  5. Nov 10 2022
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  6. Nov 07 2022
    Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2022.
  7. Nov 03 2022
    Motion to extend the time to file a response from November 10, 2022 to December 12, 2022, submitted to The Clerk.
  8. Oct 06 2022
    Petition for a writ of certiorari filed. (Response due November 10, 2022)