Supreme Court of the United States · Official docket →
Ghislaine Maxwell v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-1426 · judgment September 17, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This Court long has recognized that “when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” Santobello v. New York, 404 U.S. 257 (1971). And, of course, it is well settled that plea agreements and non-prosecution agreements are interpreted using ordinary principles of contract construction, requiring that the plain language of the agreement must govern interpretation and that ambiguities must be resolved against the Government. Nevertheless, Circuits are split on whether promises in a plea agreement in one district on behalf of the “United States” or the “Government” binds the Government in other districts. The question presented here is: Under Santobello and common principles of contract interpretation, does a promise on behalf of the “United States” or the “Government” that is made by a United States Attorney in one district bind federal prosecutors in other districts? (i)
Counsel of record
For petitioner
David Oscar Markus
Markus/Moss
For respondent
D. John Sauer
Solicitor General
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 30 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 28 2025Reply of petitioner Ghislaine Maxwell filed. (Distributed)
- Jul 14 2025Brief of respondent United States in opposition filed.
- Jun 09 2025Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2025.
- Jun 06 2025Motion to extend the time to file a response from June 13, 2025 to July 14, 2025, submitted to The Clerk.
- May 09 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- May 08 2025Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025.
- May 07 2025Motion to extend the time to file a response from May 14, 2025 to June 13, 2025, submitted to The Clerk.
- Apr 10 2025Petition for a writ of certiorari filed. (Response due May 14, 2025)
- Jan 21 2025Application (24A709) granted by Justice Sotomayor extending the time to file until April 10, 2025.
- Jan 15 2025Application (24A709) to extend the time to file a petition for a writ of certiorari from February 23, 2025 to April 10, 2025, submitted to Justice Sotomayor.