Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday and Wednesday. We will begin live-blogging on Tuesday at 9:45 a.m.
On Tuesday the court hears oral argument in National Institute of Family and Life Advocates v. Becerra. Amy Howe has our preview.
Contributions to our online symposium on NIFLA v. Becerra are available at this link.

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

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.

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Term Snapshot