Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Tuesday the court hears oral argument in Dean v. United States. Douglas Berman has our preview.

Rubashkin v. United States

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1203 8th Cir. N/A N/A N/A N/A OT 2012
 
Share:

Issue: (1) Whether Federal Rule of Criminal Procedure 33 requires a criminal defendant with newly discovered evidence that goes not to guilt or innocence but to the fundamental fairness of his criminal trial – here, that the trial judge should have been recused under 28 U.S.C. § 455(a) – to show nonetheless that the new evidence would probably lead to his acquittal; and (2) whether a sentence is unreasonable when a district court fails to consider and explain on the record, as required by this Court’s precedents, its basis for rejecting a defendant’s nonfrivolous argument for a below-Guidelines sentence – resulting in, here, a twenty-seven-year sentence for a first-time, nonviolent offender that is significantly greater than sentences for similarly situated individuals.

Plain English Summary:

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Term Snapshot
Awards