Supreme Court Report

Supreme Court of the United States · Official docket →

Barry J. Cadden v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 21-1602, 21-2003 · judgment October 13, 2022

Certiorari denied · February 27, 2023
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Did the District Court clearly err in applying a four-point “vulnerable victim” enhancement under U.S.S.G. § 3A1.1(b) to defendant’s sentence, absent a showing that the victims were “unusually vulnerable”? More generally, does this criminal sentencing enhancement require a showing that the victims were “unusually vulnerable” in order to apply?

  2. Did the District Court clearly err in applying a two-point enhancement for “conscious or reckless risk of death or serious bodily injury” under U.S.S.G. § 2B1.16(b)(16), by applying the objective test for “reckless” established in the Second Circuit in United States v. Lucien? More generally, does this criminal sentencing enhancement require the courts to use an objective or subjective concept of “reckless”?

Counsel of record

For petitioner
Kelley A. Jordan-Price
Hinckley, Allen & Snyder LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Feb 01 2023
    Waiver of right of respondent United States of America to respond filed.
    Main Document
  4. Jan 26 2023
    Petition for a writ of certiorari filed. (Response due March 1, 2023)
    PetitionProof of ServiceCertificate of Word Count