Supreme Court of the United States · Official docket →
Roy O. Franklin, Jr. v. United States
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 23-3118 · judgment June 1, 2026
Pending
Question presented
Whether the Fifth and Sixth Amendments permit a sentencing court to use conduct of which the jury acquitted the defendant to increase the defendant’s advisory Sentencing Guidelines range, and ultimately the sentence imposed under 18 U.S.C. Section 3553(a).
Counsel of record
For petitioner
John Justin Johnston
Johnston Law Firm LLC
For respondent
D. John Sauer
Solicitor General
Case
Conference history
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Proceedings
- Aug 31 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2026)