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Mrugeshkumar Kumar Shah v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-10292 · judgment March 8, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Applying the longstanding Apprendi rule, this Court in Southern Union Co. v. United States, 567 U.S. 343 (2012), held that the Sixth Amendment reserves to juries the determination of any fact underlying a criminal fine. The Court reasoned that “[c]riminal fines, like other forms of punishment, are penalties inflicted by the sovereign for the commission of offenses,” and the allowable amount of a fine “is often calculated by reference to particular facts.” Id. at 349. As two Members of this Court have recognized, “it would seem to follow that a jury must find any facts necessary to support a (nonzero) restitution order,” and a lower court ruling to the contrary “is worthy of [the Court’s] review.” Hester v. United States, 139 S. Ct. 509, 510 (2019) (Gorsuch, J., joined by Sotomayor, J., dissenting from denial of certiorari). Nevertheless, the Fifth Circuit below held that petitioner must pay tens of thousands of dollars in a criminal restitution penalty, based on facts the jury never found. The question presented is: Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order.
Counsel of record
For petitioner
Anthony J. Franze
Arnold & Porter Kaye Scholer LLP
For respondent
Sarah M. Harris
Acting Solicitor General
Proceedings
- Feb 24 2025Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion)
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 16 2024Reply of petitioner Mrugeshkumar Kumar Shah filed. (Distributed)
- Dec 11 2024DISTRIBUTED for Conference of 1/10/2025.
- Nov 20 2024Brief of respondent United States in opposition filed. VIDED.
- Oct 24 2024Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2024.
- Oct 22 2024Motion to extend the time to file a response from October 30, 2024 to November 20, 2024, submitted to The Clerk.
- Sep 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2024.
- Sep 04 2024Motion to extend the time to file a response from September 30, 2024 to October 30, 2024, submitted to The Clerk.
- Aug 26 2024Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2024.
- Aug 22 2024Motion to extend the time to file a response from August 30, 2024 to September 30, 2024, submitted to The Clerk.
- Jul 31 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 31 2024Response Requested. (Due August 30, 2024)
- Jul 29 2024Waiver of right of respondent United States to respond filed.
- Jul 08 2024Petition for a writ of certiorari filed. (Response due August 9, 2024)
- May 30 2024Application (23A1057) granted by Justice Alito extending the time to file until July 8, 2024.
- May 23 2024Application (23A1057) to extend the time to file a petition for a writ of certiorari from June 6, 2024 to August 5, 2024, submitted to Justice Alito.