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Dean Gross v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-2143 · judgment February 8, 2024


Certiorari denied · October 21, 2024
Pre-decision estimate: 14% cert probability (95% interval 9%–21%)

Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

It is a federal crime, punishable by five years in prison, to “escape” from “any custody under or by virtue of any process issued under the laws of the United States by any court.” 18 U.S.C. § 751(a). The question presented is: Whether or under what circumstances a criminal defendant released to a halfway house is in “custody” and therefore can commit the crime of escape.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 21 2024
    Petition DENIED.
  2. Oct 02 2024
    DISTRIBUTED for Conference of 10/18/2024.
  3. Oct 02 2024
    Reply of petitioner Dean Gross filed. (Distributed)
  4. Sep 13 2024
    Brief of respondent United States in opposition filed.
  5. Aug 05 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
  6. Aug 02 2024
    Motion to extend the time to file a response from August 14, 2024 to September 13, 2024, submitted to The Clerk.
  7. Jul 15 2024
    Brief amicus curiae of Due Process Institute filed.
  8. Jul 12 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2024.
  9. Jul 10 2024
    Motion to extend the time to file a response from July 15, 2024 to August 14, 2024, submitted to The Clerk.
  10. Jun 12 2024
    Petition for a writ of certiorari filed. (Response due July 15, 2024)