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United States v. Julian Garcon

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-14650 · judgment December 6, 2022

Dismissed · October 17, 2023
Pre-decision estimate: 31% cert probability (95% interval 22%–43%)

Before the decision, about 7.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and an Eleventh Circuit decision below.

Question presented

Whether, in order for a defendant to satisfy the prerequisite for “safety-valve” sentencing relief in 18 U.S.C. 3553(f )(1), a court must find that the defendant does not have more than 4 criminal history points (excluding any criminal history points resulting from a 1-point offense); does not have a prior 3-point offense; and does not have a prior 2-point violent offense. (I)

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Tracy M. Dreispul
Federal Public Defender's Office, SD of Fla.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 17 2023
    Petition Dismissed - Rule 46.
  2. Oct 16 2023
    Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
    Main Document
  3. Aug 16 2023
    DISTRIBUTED for Conference of 9/26/2023.
  4. Aug 02 2023
    Motion for leave to proceed in forma pauperis filed by respondent Julian Garcon.
    Main DocumentProof of Service
  5. Aug 02 2023
    Memorandum of respondent Julian Garcon filed.
    Main DocumentProof of Service
  6. Jun 29 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including August 4, 2023.
  7. Jun 27 2023
    Motion to extend the time to file a response from July 5, 2023 to August 4, 2023, submitted to The Clerk.
    Main Document
  8. May 22 2023
    Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
  9. May 19 2023
    Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
    Main Document
  10. May 04 2023
    Response Requested. (Due June 5, 2023)
  11. Apr 25 2023
    DISTRIBUTED for Conference of 5/11/2023.
  12. Mar 06 2023
    Petition for a writ of certiorari filed. (Response due April 7, 2023)
    PetitionProof of Service