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Rodney Dill v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-40763 · judgment August 5, 2026
Question presented
The Sixth Amendment guarantees a criminal defendant the right to have a jury find, beyond a reasonable doubt, any fact that increases the penalty for his crime beyond what is authorized by the jury’s verdict or his own admissions. Apprendi v. New Jersey, 530 U.S. 466, 490 (2000); Alleyne v. United States, 570 U.S. 99, 103 (2013). Restitution ordered under 18 U.S.C. § 2259 is calculated from judge-found facts about a victim’s losses and a defendant’s relative role in causing them, and this Court has now held that restitution under a closely related statute is a criminal punishment for purposes of the Ex Post Facto Clause. Ellingburg v. United States, 607 U.S. ___, 146 S. Ct. 564 (2026). The question presented is: Whether the Sixth Amendment requires that the facts necessary to support an order of restitution under 18 U.S.C. § 2259 be found by a jury, or admitted by the defendant, rather than found by a judge under a preponderance-of-theevidence standard.
Counsel of record
For petitioner
Scott Andrew Martin
Federal Public Defender
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
- Oct 13 2026Petition DENIED.
- Sep 24 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 22 2026Waiver of right of respondent United States to respond filed.
- Sep 11 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2026)