Supreme Court of the United States · Official docket →
United States v. Jason Robert Hopson
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-5056
Certiorari denied · June 8, 2026
Pre-decision estimate: 36% cert probability (95% interval 22%–53%)
Before the decision, about 8.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.
Question presented
Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)— were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense. (I)
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Keith Bradley
Squire Patton Boggs (U.S.) LLP
Proceedings
- Jun 08 2026Motion for leave to proceed in forma pauperis filed by respondent Robert M. Johnston GRANTED.
- Jun 08 2026Petition DENIED.
- May 19 2026DISTRIBUTED for Conference of 6/4/2026.
- May 19 2026Reply of petitioner United States filed. (Distributed)
- May 18 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 11 2026Brief of respondent Jason Robert Hopson in opposition filed.
- May 11 2026Motion for leave to proceed in forma pauperis filed by respondent Robert Marcus Johnston.
- May 11 2026Brief of respondent Robert Marcus Johnston in opposition filed.
- Apr 24 2026Motion to extend the time to file a response is granted and the time is further extended to and including May 11, 2026, for all respondents.
- Apr 23 2026Motion to extend the time to file a response from May 4, 2026 to May 11, 2026, submitted to The Clerk.
- Mar 30 2026Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2026, for all respondents.
- Mar 27 2026Motion to extend the time to file a response from April 3, 2026 to May 4, 2026, submitted to The Clerk.
- Mar 03 2026Petition for a writ of certiorari filed. (Response due April 3, 2026)
- Jan 23 2026Application (25A838) granted by Justice Gorsuch extending the time to file until March 7, 2026.
- Jan 21 2026Application (25A838) to extend the time to file a petition for a writ of certiorari from February 5, 2026 to March 9, 2026, submitted to Justice Gorsuch.