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Jonathon Owen Shroyer v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-3152 · judgment February 1, 2024


Certiorari denied · June 3, 2024
Pre-decision estimate: 12% cert probability (95% interval 8%–19%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.

Questions presented

  1. Whether a prison sentence imposed as a result of the consideration of protected speech as “relevant offense conduct” violates the First Amendment and is substantively unreasonable?

  2. Whether an appeal waiver is enforceable when a defendant’s First Amendment rights are violated at sentencing?

Counsel of record

For petitioner
Robert Edward Barnes
Barnes law

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 03 2024
    Petition DENIED.
  2. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  3. May 09 2024
    Waiver of right of respondent United States to respond filed.
  4. Apr 30 2024
    Petition for a writ of certiorari filed. (Response due June 3, 2024)