Supreme Court Report

Supreme Court of the United States · Official docket →

Victor Everette Silvers v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5427 · judgment February 20, 2025


Certiorari denied · January 12, 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.

Question presented

Certain federal criminal offenses under Title 18 of the United States Code, including under § 1111(b) (murder), § 1113 (attempted murder or manslaughter), § 2261(a)(1) (domestic violence), and § 2262(a)(1) (violation of a protection order), require that the government prove—as a necessary element of the offense—that the alleged crime was committed within “the special maritime and territorial jurisdiction of the United States,” which, as here, is frequently a fact-intensive evidentiary issue. The question presented, on which the courts of appeals are divided, is: Whether taking judicial notice to conclusively determine that a location is within the “special maritime and territorial jurisdiction of the United States” violates the Fifth and Sixth Amendments’ right to a trial by jury? (i)

Counsel of record

For petitioner
Ryan Michael Chabot
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
24A1227

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 19 2025
    Reply of petitioner Victor Everette Silvers filed. (Distributed)
  4. Dec 05 2025
    Brief of respondent United States in opposition filed.
  5. Nov 10 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2025.
  6. Nov 06 2025
    Motion to extend the time to file a response from November 13, 2025 to December 5, 2025, submitted to The Clerk.
  7. Oct 14 2025
    Brief amicus curiae of Professor Haley Proctor filed.
  8. Oct 10 2025
    Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2025.
  9. Oct 09 2025
    Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
  10. Sep 12 2025
    Response Requested. (Due October 14, 2025)
  11. Sep 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  12. Sep 05 2025
    Waiver of right of respondent United States to respond filed.
  13. Aug 21 2025
    Petition for a writ of certiorari filed. (Response due September 24, 2025)
  14. Jun 12 2025
    Application (24A1227) granted by Justice Kavanaugh extending the time to file until August 22, 2025.
  15. Jun 10 2025
    Application (24A1227) to extend the time to file a petition for a writ of certiorari from June 23, 2025 to August 22, 2025, submitted to Justice Kavanaugh.