Supreme Court of the United States · Official docket →
Rami Ghanem v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-50266 · judgment July 17, 2025
Certiorari denied · June 29, 2026
Pre-decision estimate: 5% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.
Question presented
Whether the Fifth and Sixth Amendments prohibit federal courts from increasing a criminal defendant’s authorized punishment based on conduct—including uncharged, dismissed, or acquitted conduct—that was never admitted by the defendant or proven to the jury beyond a reasonable doubt. (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Milbank LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 29 2026Petition DENIED.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 08 2026Reply of petitioner Rami Ghanem filed. (Distributed)
- May 22 2026Brief of respondent United States in opposition filed.
- Apr 20 2026Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2026.
- Apr 16 2026Motion to extend the time to file a response from April 22, 2026 to May 22, 2026, submitted to The Clerk.
- Mar 23 2026Response Requested. (Due April 22, 2026)
- Mar 20 2026Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Mar 20 2026Amici brief of Law Professor Douglas Berman, et al. not accepted for filing. (To be corrected - March 24, 2026)
- Mar 20 2026Brief amici curiae of Professor Douglas Berman, et al. filed. (Corrected)
- 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 17 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 13 2026Motion of United States for an extension of time not accepted for filing. (March 13, 2026 - Motion withdrawn)
- Mar 13 2026Waiver of right of respondent United States to respond filed.
- Feb 13 2026Petition for a writ of certiorari filed. (Response due March 20, 2026)
- Dec 01 2025Application (25A629) granted by Justice Kagan extending the time to file until February 13, 2026.
- Nov 25 2025Application (25A629) to extend the time to file a petition for a writ of certiorari from January 14, 2026 to February 13, 2026, submitted to Justice Kagan.