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Al Dorsey v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5082 · judgment January 23, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

Whether an accessory offense has “as an element the use, attempted use, or threatened use of physical force” under U.S.S.G. § 4B1.2 where it (1) does not have, as an element, the use, attempted use, or threatened use of physical force by the accessory offender and (2) does not require that the accessory offender intend to promote or assist the commission of the principal offense. (i)

Counsel of record

For petitioner
Jennifer Niles Coffin
Fed. Pub. Def. for the Middle Dist. of TN

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
23A1040

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 11 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Sep 06 2024
    Waiver of right of respondent United States to respond filed.
  4. Aug 23 2024
    Petition for a writ of certiorari filed. (Response due September 26, 2024)
  5. May 22 2024
    Application (23A1040) granted by Justice Kavanaugh extending the time to file until August 23, 2024.
  6. May 21 2024
    Application (23A1040) to extend the time to file a petition for a writ of certiorari from June 24, 2024 to August 23, 2024, submitted to Justice Kavanaugh.