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Abdur Rahim Islam v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 24-2331 · judgment January 8, 2026


Certiorari denied · June 22, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Double Jeopardy Clause permits a trial court to declare a mistrial based on juror unavailability without scrutinizing a prior, contested juror excusal that foreseeably created the juror shortage giving rise to the mistrial.

  2. Whether a defendant’s refusal to waive his constitutional right to a twelve-person jury under Fed. R. Crim. P. 23(b)(2) may be used to justify a mistrial over his objection under the “manifest necessity” standard.

  3. Whether U.S.S.G. 2C1.1(b)(2), crossreferencing § 2B1.1, permits sentencing courts to equate temporary deferral of payment obligations with permanent economic loss or benefit and to attribute subsequent nonpayment to a bribery offense absent rigorous proof of proximate causation, particularly where independent governmental decisions intervened.

Counsel of record

For petitioner
Joshua D. Hill
PIETRAGALLO GORDON ALFANO BOSICK & RASPANTI LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 22 2026
    Petition DENIED.
  2. Jun 02 2026
    DISTRIBUTED for Conference of 6/18/2026.
  3. May 29 2026
    Waiver of right of respondent United States to respond filed.
  4. May 08 2026
    Petition for a writ of certiorari filed. (Response due June 15, 2026)