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Lisa Ferraro v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 26-1228 · judgment April 16, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a petition under 3,000 words.

Question presented

  1. Whether the Third Circuit erred in granting the government's motion for summary action, pursuant to 3d Cir. L.A.R. 27.4, to enforce the waiver of the right to appeal in Petitioner's Plea Agreement with the government, and to dismiss the appeal, precluding appellate review of the issue concerning the appearance, and direct adverse participation, at the sentencing of a person as the United States Attorney for the District of New Jersey, who was not lawfully authorized to act as the United States Attorney for the District of New Jersey representing the government.

Counsel of record

For petitioner
Richard Elliot Mischel
Richard E. Mischel, P.C.

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
26A28

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 31 2026
    Waiver of right of respondent United States to respond filed.
  4. Aug 14 2026
    Petition for a writ of certiorari filed. (Response due September 17, 2026)
  5. Jul 09 2026
    Application (26A28) granted by Justice Alito extending the time to file until August 14, 2026.
  6. Jul 02 2026
    Application (26A28) to extend the time to file a petition for a writ of certiorari from July 15, 2026 to August 29, 2026, submitted to Justice Alito.