Supreme Court Report

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Ryan C. Patterson v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-631 · judgment December 31, 2024


Certiorari denied · June 16, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below and a dissent in the court below.

Question presented

Whether, under the Constitution of the United States, as amended, and applicable Federal rules and controlling case law, the United States, relying on an indirect method of proof, namely, the bank deposits method of analysis, can establish at trial an element of the crime charged (26 U.S.C. 7201)—specifically, that there is an additional tax due and owing—solely by the testimony as to the conclusions of such analysis by the agent who purports to have conducted it, where, if conducted, such analysis was admittedly not preserved such that it could be disclosed to the defendant for review prior to trial, as required by Rule 16 of the Federal Rules of Criminal Procedure, or admitted into evidence, thus depriving the defendant of the opportunity to meaningfully challenge, by crossexamination or otherwise, the alleged determinations of agent as to the taxability or not of the deposits involved, which determinations necessarily form the basis of the agent’s conclusions.

Counsel of record

For petitioner
Jason Mark Silver
Silver Law PLC

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 16, 2025 · Certiorari denied

Proceedings

  1. Jun 16 2025
    Petition DENIED.
  2. May 27 2025
    DISTRIBUTED for Conference of 6/12/2025.
  3. May 20 2025
    Waiver of right of respondent United States to respond filed.
  4. Apr 16 2025
    Petition for a writ of certiorari filed. (Response due May 21, 2025)