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Zhe Zhang, aka Zack v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-1532 · judgment April 28, 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

This case presents an important question of statutory interpretation involving a federal criminal penalty provision that Congress drafted using the word “or” to connect at least four different sentencing possibilities, but the Second Circuit interpreted here as mandating only a life sentence, namely: Whether the disjunctive language at 18 U.S.C. §1958(a) providing “if death results, [the offender] shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both,” permits the district court to impose a sentence of death or life imprisonment or a fine or some combination of those options for a defendant convicted of murder-for-hire?

Counsel of record

For petitioner
Jason Immanuel Ser
Meister Seelig & Fein PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 16 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 11 2025
    Waiver of right of respondent United States to respond filed.
  4. Nov 25 2025
    Petition for a writ of certiorari filed. (Response due December 31, 2025)