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Archer v. United States

Petition for certiorari denied on January 22, 2024

Docket No. Op. Below Argument Opinion Vote Author Term
23-414 2nd Cir. N/A N/A N/A N/A OT 2023

Issue: (1) Whether Federal Rule of Civil Procedure 33 affords district courts discretion to reweigh the evidence when evaluating a new trial motion, or instead requires a district court to defer to the verdict unless there is some concern beyond the weight of the evidence; and (2) whether a criminal defendant can forfeit an argument of plain error from a conceded miscalculation of the Sentencing Guidelines.

DateProceedings and Orders (key to color coding)
10/16/2023Petition for a writ of certiorari filed. (Response due November 20, 2023)
11/14/2023Motion to extend the time to file a response from November 20, 2023 to December 20, 2023, submitted to The Clerk.
11/15/2023Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2023.
11/20/2023Brief amici curiae of Procedure Scholars filed.
12/20/2023Brief of respondent United States in opposition filed.
12/29/2023Reply of petitioner Devon Archer filed. (Distributed)
01/03/2024DISTRIBUTED for Conference of 1/19/2024.
01/22/2024Petition DENIED.