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Christopher Kinzy v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30169 · judgment July 26, 2023
Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.
Question presented
Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Guidelines range simply by stating, without explanation, that it would have imposed the same sentence absent the error (as the Fifth Circuit alone holds); or whether, to avoid resentencing, the district court must comply with this Court’s clear command in Gall v. United States, 552 U.S. 38, 50 (2007), and Rita v. United States, 551 U.S. 338, 350, 356-57 (2007), to sufficiently explain why the sentence imposed is warranted even if the Guidelines range was wrong (as the Third, Sixth, Ninth, and Tenth Circuits hold).
Counsel of record
For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Apr 30 2024Reply of petitioner Christopher Kinzy filed.
- Apr 12 2024Brief of respondent United States in opposition filed.
- Mar 08 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2024.
- Mar 07 2024Motion to extend the time to file a response from March 15, 2024 to April 12, 2024, submitted to The Clerk.
- Feb 07 2024Motion to extend the time to file a response is granted and the time is further extended to and including March 15, 2024.
- Feb 06 2024Motion to extend the time to file a response from February 15, 2024 to March 15, 2024, submitted to The Clerk.
- Jan 11 2024Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024.
- Jan 09 2024Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
- Dec 14 2023Response Requested. (Due January 16, 2024)
- Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 04 2023Waiver of right of respondent United States to respond filed.
- Nov 27 2023Petition for a writ of certiorari filed. (Response due December 29, 2023)
- Nov 16 2023Application (23A338) denied by Justice Alito.
- Nov 13 2023Application (23A338) to extend further the time from November 27, 2023 to December 22, 2023, submitted to Justice Alito.
- Oct 16 2023Application (23A338) granted by Justice Alito extending the time to file until November 27, 2023.
- Oct 11 2023Application (23A338) to extend the time to file a petition for a writ of certiorari from October 24, 2023 to December 22, 2023, submitted to Justice Alito.