Supreme Court of the United States · Official docket →
Keith Pharms v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-14191 · judgment February 5, 2026
Certiorari denied · June 22, 2026
Pre-decision estimate: 14% cert probability (95% interval 9%–21%)
Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and an Eleventh Circuit decision below.
Question presented
Whether the Fifth and Sixth Amendments prohibit a sentencing court from increasing a criminal defendant’s sentence based on conduct of which a jury acquitted him. (I)
Counsel of record
For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
4 cert-stage
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 02 2026DISTRIBUTED for Conference of 6/18/2026.
- May 29 2026Reply of petitioner Keith Pharms filed. (Distributed)
- May 18 2026Brief of respondent United States in opposition filed.
- Apr 17 2026Brief amici curiae of Law Professor Douglas Berman, et al. filed.
- Apr 17 2026Brief amicus curiae of Cato Institute filed.
- Apr 17 2026Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Apr 13 2026Motion to extend the time to file a response is granted and the time is extended to and including May 18, 2026.
- Apr 10 2026Motion to extend the time to file a response from April 17, 2026 to May 18, 2026, submitted to The Clerk.
- Mar 20 2026Amici brief of 18 Former Federal Judges not accepted for filing. (To be corrected - March 24, 2026)
- Mar 20 2026Brief amici curiae of 18 Former Federal Judges filed. (Corrected)
- Mar 13 2026Petition for a writ of certiorari filed. (Response due April 17, 2026)