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Royce Wade Lander v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10959 · judgment February 16, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 5% cert probability (95% interval 3%–7%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

I. This Court has held a certificate of appealability (“COA”) should issue where the petitioner has made a threshold showing that jurists of reason could disagree with the district court’s holding or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Accordingly, the issue presented is whether the Order of the United States Court of Appeals for the Fifth Circuit holding that Petitioner failed to make this threshold showing and refusing to grant a COA as to the District Court’s denial of Petitioner’s Motion for Reconsideration of the District Court’s April 14, 2023 denial of his Motion to Vacate, Set Aside, or Correct a Sentence Under 28 U.S.C. § 2255 conflicts with this Court’s precedent?

Counsel of record

For petitioner
Patrick Allen Mullin

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jun 18 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jun 14 2024
    Waiver of right of respondent United States of America to respond filed.
  4. May 29 2024
    Petition for a writ of certiorari filed. (Response due July 1, 2024)