Supreme Court Report

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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


Certiorari denied · October 13, 2026

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

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

Conference history
Distributed for 1 conference

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 17 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 14 2026
    Waiver of right of respondent United States to respond filed.
  4. Aug 31 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2026)